THE POSSIBILITY OF "LOCKDOWN" DECRETION BY FEDERATED STATES BECAUSE OF COVID-19

Abstract

Lockdown is the most severe form of social exclusion to contain the Covid-19 pandemic, which causes a restriction on the fundamental right of mobility. Through an analysis of the fundamental right of locomotion, as well as the distribution of competences within the Brazilian federal state, this article shows how States and Municipalities can decree the lockdown. The conclusion reached shows the need for no previous declaration of a state of defense or a state of siege. The power of the health police whose attribution to the States and Municipalities derives from an express rule of the Federal Constitution, as well as from the legislation that regulates the single health system in Brazil, allows, even without a specific law, the entities that make up the Brazilian federation decree the lockdown. However, the lockdown is only feasible if it observes the principles of proportionality and reasonableness