Entre a impermeabilidade constitucional e os diálogos com a cidadania: o Supremo Tribunal Federal na Nova República

• Autor(a) principal: Nunes, Daniel Capecchi
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/9707
• topic: Constitutional Law; Constitutional Impermeability; Dialogues with Citinzery; Brazilian Supreme Court; Constitutional Jurisdiction; Direito Constitucional; Impermeabilidade Constitucional; Diálogos com a Cidadania; Supremo Tribunal Federal; Jurisdição Constitucional; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO

This dissertation aims to analyze the phenomenon of constitutional impermeability , within the Brazilian Supreme Court s (Supremo Tribunal Federal) abstract and concentrated judicial review model and to propose solutions based on the concept of dialogues with citizenry. The work is organized in three chapters. The first chapter objects to establish the theoretical premises under which the phenomenon of impermeability will be faced. It begins with an analyze of the role of constitutional narratives in the construction of a democratic regime and with a description of how the promulgation of 1988 Brazilian Constitution represented a transition for other narrative, in which a democratic and inclusive constitutional order flourished. Then, we will study the pre-decisional moment of the Brazilian Supreme Court process of deliberation, aiming to construct the normative paradigms that will be used to criticize the Court s practice. As a consequence, we will develop a two-fold normative paradigm. The first dimension is based on Jürgen Habermas theory of deliberative democracy and it defends a democratic circulation of power, regarding the agents and cases that are brought to the Court s docket. The second dimension is founded on Nancy Fraser s theory of participatory parity, according with the construction of constitutional meaning must be an activity shared by all society members. In the second chapter, we will study the historical experience of the Colombian Constitutional Court and the Hungarian Constitutional Court, with the purpose of finding resources to suggest institutional changes on Brazilian Supreme Court s operation. The main goal of this chapter is to analyze the variables that can provoke either success and fail in the opening of abstract review standing rules. Finally, in the third chapter, we will produce a synthesis between the theoretical premises developed in the first chapter and the comparative learning produced in the third chapter. Therefore, the Brazilian Supreme Court pre-decisional moment will be analyzed in greater detail and suggestions aimed to improve it will be presented, focusing in the concentrated and abstract review. The goal is to propose institutional reforms that can not only increase constitutional permeability in the Court but also produce dialogues with citizenry. Nevertheless, these reforms must be founded in real experiences of success and fail in order to avoid solutions with a destructive potential.