Economic rights, society and the brazillian supreme court: observing the court's abstract judicial review performance

• Autor(a) principal: Barros, Marco Antonio Loschiavo Leme de
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/38738
• topic: Economic Rights; Supreme Federal Court; Sociology of Law; Decision; Direitos Econômicos; Supremo Tribunal Federal; Sociologia do Direito; Decisão

This paper examines the role of Brazil’s Supreme Court from an abstract judicial review because it helps to protect economic rights guaranteed by the Constitution of the Federative Republic of Brazil of 1988. From an empirical examination of court judgments regarding economic rights, it is possible to understand the decision-making-process, as well as some sociological contributions that serve as a starting point for an important reflection between court and society. This study address two main questions: (i) What authorizes (unelected) Brazilian judges to implement economic policies that are necessary for the effective enjoyment of fundamental rights? (ii) Moreover, in practice, are courts institutionally capable of dealing with the complex technical and political issues that permeate this theme? The first question deals with the issue of the legitimacy of judges; and the second question highlights internal questions about the structure and operation of Brazilian courts. Finally, considering Brazil as a nation, this paper indicates the difficulties of the Brazilian Supreme Court in managing legal uncertainties that may impact the economy, sometimes causing even greater social turmoil and, at the same time, reveals the need for openness of the legal system in regards to innovation and cooperation between the many social institutions of law.