Análise crítica à decisão de medida cautelar deferida pelo ministro relator Alexandre de Moraes, em controle abstrato pelo Supremo Tribunal Federal, na ADI 6.357/DF

Abstract

The aim of this study is to analyze the monocratic precautionary decision handed down by the Minister Alexandre de Moraes, in abstract control by the Supreme Court Federal. In the foreground, there is a succinct exposition of the elaboration process of the public budget, and the factual and legal narrative of the beginning of the Covid 19 pandemic in Brazil, in addition to the governmental measures adopted. Throughout the work there also a brief explanation of the main constitutional assumptions and to initiate the criticism of the decision, being carried out the verification of the possibility of requesting the action in question, with the analysis of the suitability of the action of unconstitutionality (ADI) to the case. The appearance is also measured procedure and the merits of the court decision, including when investigating the validity of decisions that provide for the so-called circumstantial unconstitutionality, and if this mechanism was applied to the decision under discussion