Quem decide no STF e o protagonismo do Supremo
Year: 2024
Type: article
Abstract: This article reflects on the judiciary's protagonism, specifically about the limits necessary to contain an activist behavior of the Brazilian judiciary. After the promulgation of the 1988 Constitution, it is denoted that the posture of acting only upon provocation is no longer observed in the behavior of the Brazilian judiciary. This article deals with the subject from the analytical-deductive method with theoretical reflection on the literature pertinent to the Constitutional State and the judicialization of politics in Brazil. It is concluded here that the protagonism of the judiciary and its characteristic correlated phenomena, as is the case of the judicialization of politics, is placed as an expected corollary in a context of consolidation of the Democratic State of Law and is also favored by some peculiarities of the Brazilian political system. It is suggested that one of the means to contain the exacerbated exposure of the Brazilian judiciary is to favor collegiate decisions in the STF over monocratic ones, ensuring the ratio decidendi and legal certainty.
Institutions: Uninter, Centro Universitário Internacional
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404030940