THE COVID-19 PANDEMIC IN BRAZIL AND THE STRUCTURAL PROCEDURES: AN APPROACH OF COMPLEX LITIGATION

Abstract

This article addresses the possible application of structural procedures – public interest litigation - in the context of the COVID-19 pandemic in Brazil in the face of the insurgence of complex litigation in this period of crisis and afterwards. The choice of theme is justified by the immediate need to develop studies about the subject, in order to provide adequate alternatives to contain and overcome the present disaster, being socially and legally relevant. This exploratory research mainly used deductive methodology to examine the pandemic scenario, a disaster of national and international proportions, especially in the scope of the law, to do a revision of the legal theory regarding structural procedures and the analysis of the possible use of these techniques to deal with complex litigation arising from systemic failures and from the deep reforms driven by the pandemic context. As a result, it emerged that the complexity inherent to the scenario imposed by the pandemic of COVID-19 demonstrates issues that contribute to the judiciary in an exponential amount. Therefore, there is an urgency to find viable options to ensure civil procedure serves as an instrument, providing adequate and effective judicial protection in time to violated and threatened rights. Thus, structural procedures are adequate to deal with complex litigation, due to their conceptual goal which is inherently connected to the circumstances of the pandemic scenario in Brazil, as long as there is a concrete analysis of the case in order to have a responsible and efficient use of these techniques.

Keywords

• coronavirus
• disaster law
• structuring techniques
• civil procedure
• complexity