AS ESCOLHAS TRÁGICAS E O ESTADO PRESTACIONAL NO ENFRENTAMENTO DA PANDEMIA DA COVID-19

Abstract

The Brazilian State, through its political agents, has led public health policies in order to provide measures, laws and executive rules to minimize the effects of the COVID-19 pandemic on the population. For this, and in the face of limited financial resources, there are tragic choices in carrying out actions to prevent and fight the viral pathogen, and public managers have the state logistical apparatus to implement the most consistent measures in the fight against the virus, and this, under the terms and principles of human dignity. It analyzes the study of social rights, and the question of the costs of rights, in the face of public administration decisions, and the need to understand the relationship between Law and Economics to better undertake effective measures in a public health gravity regime. The present work discusses the Prestational State, and has as a problem how the State should act in the face of a pandemic and defines the tragic choices in the face of scarcity of resources. There are budgetary limits for public policies. The general objective is to analyze how the State provides the fundamental right to public health in times of public health emergency. As specific objectives: to analyze the theoretical basis, the performance of public managers and survey of COVID-19 legislation, with a critical analysis of legislative activity. The adopted method is a qualitative, deductive and analytical research, regarding the collection of bibliographic and legislative review data in the time span of the COVID-19 Pandemic, in particular, in the years 2020/2022. It analyzes the research on tragic choices, scarcity of resources and priorities that public managers make available in times of social emergency, with critical reflection within a literature review on the subject and relevant legislation The expected result is to understand how public policies are defined in times of a pandemic by the State in the realization of the fundamental right to health In conclusion, the pandemic brought the State as the protagonist of actions and obligations, even with ideological differences in the field of politics, Science is based on the decisions of public managers and as a State policy in facing the new coronavirus pandemic.