“JURISPRUDÊNCIA DA CRISE” NO BRASIL? ENTRE A PROIBIÇÃO DO RETROCESSO SOCIAL, A CRISE ECONÔMICA E A PANDEMIA DA COVID-19

Abstract

This article aims to investigate the possibility of identifying a “crisis jurisprudence” in Brazil, as was the case in Portugal, based on the analysis of judicial precedents in these two countries and austerity measures, in comparison with the intricacies of prohibition of social retrocess, of the Judiciary in the current scenario, of the impacts of the economic crisis and the pandemic of the new coronavirus. First of all, it is necessary to delimit the concept of “crisis jurisprudence” and its extension to internal identification, since the Portuguese conception refers to financial, remuneration, tax, social security and assistance matters during the 2007/2011 economic crisis. At the present moment, the concept of “crisis jurisprudence” must be updated to the factual reality, involving not only the judgment of the austerity measures of the economic crisis, but also of the emergency measures to combat the pandemic, which demand priority even in the discretionary definition of the STF's agenda. Within the methodological criteria established in this article, it can be seen that the “jurisprudence of the crisis” is in the process of formation and consolidation in the STF. The last formal interpreter of the Constitution, therefore, must consider the exceptional/emergency concrete circumstances, the textual limits of the Constitution and the prohibition of social retrocess in this period of economic crisis and calamity of COVID-19.