BARBOSA, B. F.; BARBOSA, Bruno Fernandes.
Résumé:
The present study has as its theme an executive function in Brazil: an analysis
of the public application of the weighting technique in the calamity decrees
issued during a Covid-19 pandemic. For this, it uses a documentary
investigation, from March 1, 2020 to March 30, 2021. The research is called an
exploratory research, externalized through a documentary investigation. The
methods used were the deductive method and the historical-evolutionary
method. As a research technique, a content analysis technique is used, a
procedure that allows a systematic, objective and quantitative description of the
content under analysis. In this sense, the research teaches in detail, all the
historical evolution of the legislation concerning Fundamental Rights and
Guarantees, standing out as similarities and incongruities of the legal texts. The
results of the analyzes made it possible to identify that in the hypotheses that
denote a flagrant collision of fundamental rights, in view of the weighting and
reasonableness, one of them must prevail to the detriment of the other, the
solution to the resolution of the apparent conflict will only be found by observing
as circumstances peculiar to the specific case. In the situation under study, an
explicit collision of fundamental rights was identified, arising from the restrictions
imposed by the edition of Executive Decrees, which limited the right of citizens
to come and go to the detriment of the greater primacy of the right to life. In
these terms, statistical studies that demonstrate a dynamic in the number of
weekly or daily corrections should be taken into account. With these results, it is
possible to make the restrictions imposed by the public on the right to come and
go of the citizen more flexible, taking into account the indicators of increase or
reduction of infected, seeking to promote a resumption of activities for the
reduction of infected, prioritizing the right to life of the community.
