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Aspectos e caracteres ritualísticos do STF como elementos tensores no cenário político brasileiro - proposta de aperfeiçoamento do design normativo-institucional do Supremo para uma melhor calibragem na balança de forças entre os Poderes

Bibliographic Data

ID5827537
AuthorsFernando Fabiani Capano (corresponding author)
Year2020
Publication date2020-01-01
Open AccessYes
TypeTHESIS
PublisherEdiciones Universidad de Salamanca (PUBLISHER • ES)
DOI10.14201/gredos.151043
OpenAlexW4309170408
LanguagePT
References cited5

The present work is based on the assumption that, within the Brazilian Constitutional Court, some intrinsic and extrinsic characteristics of the institution's normative-institutional design are presenting certain dysfunctionalities that, as they have repercussions in the social context, function as tension elements in the national political scenario .First, it presents the background that is justifying the logic described above, asserting that the judicial power and more specifically the Constitutional Justice has been constantly expanding in recent decades.Indeed, from this premise, it appears that the Constitutional Courts in the countries in which they are installed maintain a sometimes complex relationship with, and in this context, it appears that we have had a certain subverted use of the tool of constitutionalism , substantiating what the doctrine called constitutional populism and abusive constitutionalism (or counter-constitutionalism).Thus, in order to overcome such a state of affairs, the work goes through the analysis of the dialogical procedural that must exist between the actors of power, reevaluating the notion that the last word about the meaning of the Constitution should belong only to the Supreme Courts.From there, diving into the Brazilian context, the phenomenon of displacement of political disputes to be decided by the Supreme Court is analyzed, functioning as an ordinary arena, in the position of third chamber.In this sense, the work demonstrates that this characteristic is deeply linked to the decision-making model that is implemented in our Supreme Court and its mishaps.Finally, considering this anomalous environment, the work ends up suggesting some changes in constitutional and infraconstitutional logic (which go through ritualistic changes that, for example, mitigate and relativize the individual power of the components of the Court, as well as perfect the system of composition of the Supreme Court ) which, if implemented, may have the ability to distend the Brazilian democratic-constitutional environment, providing not only the reinforcement of the legitimacy that the Court must have to perform its fundamental task well, but also to support the optimal and harmonious balance that there must be. between the Powers

Constitution · Constitutional court · Constitutional law · Constitutionalism · Democracy · Doctrine · Economic Justice · Epistemology · Geography · Humanities · Political science · Politics · Premise · Sociology · Supreme court · Brazilian Legal Issues · Comparative constitutional jurisprudence studies · Judicial and Constitutional Studies · Law · Philosophy

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