A responsabilidade civil dos agentes públicos em tempos de COVID-19 análise do julgamento do Supremo Tribunal Federal no pedido cautelar na ADI nº 6421 e outras

Abstract

The goal of this article is to analyze, under a critical and purposeful bias, the judgment of the Supreme Federal Court in the precautionary request formulated within the scope of ADI nº 6421 and Others. In particular, there will be emphasis on the signals issued by the Supreme Court around the hermeneutic guidelines adopted to gauge the criteria of accountability of public agents, in the context of public actions to face the effects of the covid-19 pandemic. With dedicated attention to preventive and precautionary functions, we will seek, with these lines, assuming the role of doctrine, to assist the interpreter and enforcer of the law in the correct identification of the elements that guide the civil liability of public agents in the health crisis, proposing, at the end, a reflection on the ambivalent role of fault and the relevance of an itinerary for its identification.