Uma análise da gestão do governo federal na pandemia de Covid-19 à luz da teoria da responsabilidade civil do Estado e do conceito de necropolítica

Abstract

This paper analyzes the Brazilian federal government's management during the COVID-19 pandemic, examining state actions and omissions in light of the theory of civil liability and the concept of necropolitics. The aim is to investigate, notably, whether the federal government's handling of the health crisis displayed conduct capable of giving rise to civil liability, as well as whether such conduct can be classified as manifestations of necropolitics. To this end, the methodology adopted a hypotheticaldeductive approach, based on qualitative research and a broad literature review, utilizing books, academic articles, legislation, specialized doctrines, statistical data, and official reports, with a special focus on the Final Report of the Parliamentary Commission of Inquiry into the Pandemic (CPI da Pandemia), whose analysis allowed for a more accurate understanding of the actions and omissions attributed to the federal government during its management of the health crisis. It was concluded that, although the pandemic can be interpreted, in its genesis, as excluding liability based on force majeure, this circumstance does not eliminate the State's civil liability when it has a legal duty to act. Furthermore, it was found that various acts of commission and omission attributed to the federal government took on manifestly necropolitical overtones.