THE EFFECTS OF THE COVID-19 PANDEMIC IN REGIONAL AND LOCAL GOVERNANCE: THE FEDERAL SYSTEM IN BRAZIL AS A CASE STUDY

CEDIS Working Paper VARIA n.º 1 Junho 2021

Resumo e palavras chave

Autor: Maíra Tito

 

ABSTRACT

 

This paper will analyse the power shift from the federal to the regional and local governments in Brazil, concerning the jurisdiction and governance over measures to fight the Covid-19 pandemic. It will pursue this objective from a legal viewpoint. The approach will be of a case study, showing the timeline of milestone events in the year 2020 that lead to this power shift. It will focus on the Medida Provisória 926/2020, issued by the President to prevent the spread of Covid-19, and the ADI 6341, the ruling of a paramount case by the Brazilian constitutional court – Supremo Tribunal Federal – that acknowledged the governance of regional and local governments over the measures to contain the pandemic. The paper will present empirical evidence, consisting of the discourse and legislation adopted by the federal government and the legislation adopted by the states and municipalities. Finally, supported by the evidence and the theoretical background, the conclusions will address the power shift within the Brazilian federation as a symptom of the end of the Era of the Nation-state.

 

KEYWORDS

Governance, Covid-19, Nation-state, Federation, Brazil.

Abstract and keywords

Author: Maíra Tito

ABSTRACT

 

This paper will analyse the power shift from the federal to the regional and local governments in Brazil, concerning the jurisdiction and governance over measures to fight the Covid-19 pandemic. It will pursue this objective from a legal viewpoint. The approach will be of a case study, showing the timeline of milestone events in the year 2020 that lead to this power shift. It will focus on the Medida Provisória 926/2020, issued by the President to prevent the spread of Covid-19, and the ADI 6341, the ruling of a paramount case by the Brazilian constitutional court – Supremo Tribunal Federal – that acknowledged the governance of regional and local governments over the measures to contain the pandemic. The paper will present empirical evidence, consisting of the discourse and legislation adopted by the federal government and the legislation adopted by the states and municipalities. Finally, supported by the evidence and the theoretical background, the conclusions will address the power shift within the Brazilian federation as a symptom of the end of the Era of the Nation-state.

 

KEYWORDS

Governance, Covid-19, Nation-state, Federation, Brazil.

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