O estado de calamidade pública no Brasil e a intervenção direta nos municípios.

Abstract

The State of Public Calamity in Brazil entered into force on March 20, 2020 due to the pandemic of COVID-19 declared by WHO in early 2020. Decree No. 6, of 2020, was approved in a virtual session by the National Congress, through the vice president of the Federal Senate, and promulgated the decree that recognizes, for the purposes of article 65 of Complementary Law No. 101, of May 4, 2000, the occurrence of a state of public calamity, under the terms requested by the President of the República through the forwarding of Message nº 93, of March 18, 2020. The topic divided the legal experts on the possibility that the State and the Union intervene directly in the Municipalities due to the declaration of the State of Defense through the State of Public Calamity, the matter reaching the Federal Supreme Court, a decision that was finally decided and will be exposed throughout this monograph. Considering this system, in view of the autonomy of the federative entities due to the activities developed by the States, the question arises: what is the limit for intervention in the Municipalities from the declaration of the State of Public Calamity? Thus, the investigation on the theme, therefore, covers the delineation on the limits for intervention by the Union and the States, mainly in the Municipalities during the State of Defense for the declaration of the State of Public Disaster, this refers to the market closings, economy, lockdown (general term used for the total closure of commerce and movement of people), about public transport and activities in the Municipalities in general for the population's coverage of the new activities that would be inferred. The study will be extremely important to cover the topic that is still little addressed by the legal community, although it is found in the dealings with constitutional doctrines, in principle, and in the activities of public entities in administrative law. Divided into three chapters, they initially compose on the text about what is the political control of the federative entities according to the provision of the Federal Constitution of 1988, later, the conceptualization of the State of Defense and the State of Siege, and finally, which ones they are the limits and the forms that can include the intervention of the federative entities, States and Union, in the Municipalities, during the declaration of the State of Public Calamity.