A ideologia da Constituição de 1988 e sua compreensão pelo Supremo Tribunal Federal

• Autor(a) principal: Ribas, Izabella Maris Batista
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/40949
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Ideologia constitucional; Hermenêutica jurídica; Neoconstitucionalismo; Social-democracia; Decisão judicial; Supremo Tribunal Federal; Constitutional ideology; Juridical hermeneutics; Neoconstitutionalism; Social democracy; Judicial decision; Brazilian Supreme Court

The research seeks to develop contributions to the discussion about the ideology of the 1988 Constitution, from the perspective of its existence, species and binding to the interpreter, in order to analyze how the Brazilian Supreme Court understands this ideology and applies it in its decisions. Throughout the study, it was found the existence of constitutional ideology from the study of the formation of CRFB/88, the Latin American Constitutionalism movement and constitutional principles. It is noted that the normative of the 1988 Constitution is constituted as a set of ideas and beliefs that concern public order and, as a result of this affirmation, the understanding of constitutional ideology was necessary to express this system in its entirety. It was identified an approximation of the axiological model of the CRFB/88 with the social-democratic ideology, since the Democratic State of Law must seek, by constitutional order, the guarantee of social rights and democracy through various mechanisms that balance public and private interests, but with the evident prevalence of the former. This ideology is not, of course, foreign to the text of the 1988 Constitution, but composes it as a norm. The study of the constitutional hermeneutics and its aspects, as well as the consideration of the normativity of the principles in the context of Constitutionalism, demonstrates the so that the personal ideological inclinations of those who interpret the Constitution in judicial activity should not, in no way supplant the system designed by itself. The objective of the work, therefore, was to analyze the aspects related to the constitutional ideology to glimpse how it was understood and applied by the STF in two specific cases. This analysis was considered important because, adopting the conception of the existence of the most appropriate judicial decision - or, it can be said, the "correct decision" - the observance of the constitutional ideology as it is expressed is a fundamental factor for reaching correct decisions, in order to avoid voluntarisms and, ultimately, to guarantee the performance of the Judiciary in defense of the Democratic State of Law