E-mail: eduardordecastro@hotmail.com

ABSTRACT

The article aims to analyze the (legal) appropriateness of judicial decisions on requests for the supply of drugs, treatments or even the adoption of social isolation and lockdown measures during the Covid-19 Pandemic period. We will try to answer the following problems Given the scenario of uncertainty about the safety and efficacy of the proposed drugs and the scarcity of available resources, has the Judicial Power constitutional legitimacy to compel the Executive Power to provide medicines and treatments for patients diagnosed with Covid-19? What is the permissible scope of judicial intervention in the case of demands aimed at the implementation of public policies of social isolation? The following hypotheses will be investigated a) the supply, through the Judiciary, of medicines for the treatment of COVID-19, in the current scenario of things, is a measure that must be removed;b) the provision of ICU beds or infirmary is legally acceptable, provided that certain requirements are met;c) the granting of social isolation and lockdown measures through the courts is not possible. The research method is the hypothetical deductive.