ABSTRACT The article aims to describe and examine the different responses to the current Covid-19 crisis taken by the top offices of political Branches in Brazil: federal executive, National Congress and the Supreme Court. The article will show that state-level officials took most public health actions in Brazil, what gave rise to a clash between the President and Governors about who has authority to decide about public health measures. The federal executive, so far, has been more concerned with the economic responses to the imminent mass unemployment and household crisis. The National Congress has adapted its deliberation operations moving to a ‘remote deliberation system’, with extremely short deadlines and not exclusively related to covid-19 issues. In practice, this has made almost daily debate and deliberation on both Chambers Floor possible about dozens of measures, which will be briefly described in the paper. Notwithstanding the unprecedented technological innovation, there is still room for improvement. The Brazilian Supreme Court has also taken important decisions in the current situation. The decisions restricted the federal executive authority to deal with the crisis: the Court ruled that Federal Law n° 13.979/2020 cannot restrain state and municipal authorities from adopting public health policies against the virus spreading; the federal executive cannot reduce the publicity of administrative acts during the crisis and it is prohibited from instructing or advertising the population against scientifically agreed measures as quarantines and shutdowns. This background shows that the responses to the coronavirus crisis in Brazil have been fragmented and institutionally disperse. One cannot point out a single, exclusive institution responsible for the public health responses to the current crisis in Brazil.

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COVID-19 危机对巴西法律体系的影响——关于政府部门运作及其活动的法律审查的报告

摘要本文旨在描述和研究巴西政治部门高层办公室对当前 Covid-19 危机的不同反应：联邦行政部门、国民议会和最高法院。这篇文章将表明，州级官员在巴西采取了大部分公共卫生行动，这导致总统和州长之间就谁有权决定公共卫生措施发生冲突。到目前为止，联邦行政部门更关心对迫在眉睫的大规模失业和家庭危机的经济反应。国会已将其审议行动调整为“远程审议系统”，期限极短，而且不仅仅与 covid-19 问题有关。在实践中，这使得几乎每天都在两个会议厅就数十项措施进行辩论和审议成为可能，本文将对其进行简要介绍。尽管有前所未有的技术创新，但仍有改进的空间。巴西最高法院在当前形势下也做出了重要决定。这些决定限制了联邦行政当局应对危机：法院裁定，第 13.979/2020 号联邦法律不能限制州和市政当局采取公共卫生政策来防止病毒传播；在危机期间，联邦行政机构不能减少对行政行为的宣传，并且禁止指示或宣传民众反对科学商定的隔离和关闭等措施。这一背景表明，巴西对冠状病毒危机的反应是支离破碎的，而且在制度上是分散的。无法指出一个专门负责应对巴西当前危机的公共卫生机构的机构。