THE CORONAVIRUS PANDEMIC AND LEGAL-THEORETICAL REFLECTIONS ON THE PRACTICAL INCIDENCE CONCERNING THE PROTECTION OF THE CONSTITUTION BASED ON HANS KELSEN AND CARL SCHMITT THEORIES: CONFLICTING RELATIONSHIPS BETWEEN INSTITUTIONS AND FEDERATIVE DEGREES IN BRAZIL

Resumo

This legal article, subdivided into two parts, analyzes the effects of the relationship between the acts of the Brazilian federal Executive Powers, of first and second degrees, and well-defined classic theories about who should be the guardian of the Constitution. Although the Brazilian constitutional order is formally and expressly under the custody of a Court, namely the Federal Supreme Court (STF), the central objective is to verify the existence, in Brazil, during the 2019/2021 Pandemic period, of a real and concrete oscillation concerning the protection of the Constitution. And this, either through normative acts, which are nothing more than two decrees chosen in this text as an example, or through interpretations by the heads of the State and Federal Executive Powers. The use of deductive and inductive methods, with theoretical frameworks based, above all, on Constitutional Law and Law theory, focused especially on authors such as Carl Schmitt and Hans Kelsen, parallely supported by legislative and normative sources, contribute to give and bring some new possibilities, reflections and legal immersions in concrete situations understood as of highly practical and, mainly, theoretical relevance.