Essential activities, social distancing and adi nº 6.341: Consequences of covid-19

Objective: The article aims to reflect on the existing correction between the definition of essential activities and social distance and, from them, to point out reflexes of this decision in relation to the federative pact, resulting from the judgment of ADI no 6341, at the time of COVID-19. Methodology: The research will be analyzed through the bibliographic review of arti-cles and doctrinal material raised, including, from health protocols adopted by European countries, regarding issues related to social distance, as well as the Supreme Court's own decision in ADI no 6341. Results: Under the formal aspect, the social distancing health measure, like the oth-er measures, could, in theory, be carried out by the health authorities of the federated entities, however, as it was not expressly listed in law, having its validity basis in an infra-legal act (epidemiological bulletins from the Health Ministry), so that, as a measure that restricts rights, it could not be conveyed through regulatory decree of states and municipalities. Conclusions: From the study it is concluded that the adoption of autonomous decrees to implement the measure of social distance is inadequate, with no legal basis. © 2021, Centro Universitario Curitiba - UNICURITIBA. All rights reserved.