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Revista da ESDM  12 2020 

CIDADE E DIREITOS SOCIAIS: CONFRONTO ENTRE O DIREITO FUNDAMENTAL à SAúDE E OUTROS DIREITOS FUNDAMENTAIS NO CURSO DA PANDEMIA POR COVID-19

DOI: 10.29282/esdm.v6i12.147, PP. 19-43

Keywords: Collision of social rights. “Urban existential minimum”. City and Pandemic.

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Abstract:

It is an analysis about the origin of fundamental social rights in the Democratic Rule of Law, the prima-cy that the right to health acquired, in times of pandemic by Covid-19, and the possible collision with freedoms and other social rights, as well as the normative and administrative role of the Municipalities with regard to the fight against the coronavirus, in the Brazilian federative context and the new chal-lenges of their role of “guarantee”, no longer only of the janitorial of the City, but, in relevant part, of the “existential minimum urban” of its inhabitants, regarding to local competences in matters of primary health, basic education, basic assistance and adequate housing. It will also take care of the normative conflicts between Municipalities and the Union, in order to verify if the exceptional jurisprudence due to Covid-19, around the interpretation of Federal Law no. 13,979 / 2020, service to strengthen or weak-en municipal autonomy and what is the result of this equation. At the same time, preference will be given to those who could not adhere to the rules of prevention of contagion by Covid-19 precisely be-cause they do not have an existential “urban” minimum that would allow it, proving that, in fact, more lethal than the SARS virus - COv-2, is a social inequality.

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