Intervenção judicial em políticas públicas: a determinação de lockdown no Maranhão pelo Poder Judiciário e os riscos do ativismo judicial

Abstract

This paper approaches about an analysis of the decision by the Judiciary to the Executive for adopt the lockdown as a measure to combat COVID-19 in the state of Maranhão. In this context, issues related to the intervention of the Judiciary in the field of Political Powers, more specifically the Executive, in the management of public policies will be addressed. The study of the theme is important because it brings a reflection on the separation of powers, the judicialization of the policy and the judicial activism and its consequences for society. Difficulties regarding the matter are due to the limited material on the discussion of the intervention of the Judiciary in the scope of the coronavirus pandemic, and the lack of doctrinal uniformity regarding the concept of judicial activism. The methodology used consists of a hypothetical-deductive approach, with a monographic procedure method and type of applied research, exploratory, bibliographical, documentary, qualitative and case study. It is recognized that the relevance of the theme lies in the reflection of the risks of judicial activism and the limits of action of the judiciary.