Democracia, Crise Política e Jurisdição Constitucional: o Protagonismo da Suprema Corte do Brasil

Abstract

In moments of crisis, with fragile political institutions and low representation, the tendency towards the judicialization of life is amplified, as it has happened recently in Brazil. The doubt, however, is how to gauge the degree of performance of Constitutional Courts and Supreme Courts in such delicate moments. The power of the Brazilian Supreme Court and the roles of constitutional jurisdiction are the subject of this article, which is divided into three parts. In the first, we briefly outline some institutional elements of the Brazilian model of constitutional justice that have enhanced the judicialization in the country. The second section presents some of the most politically and socially influential decisions in the recent history of the Supremo Tribunal Federal, which reveal that the Court, demanded by social and political actors, has expanded its sphere of action. In the third one, we try to demonstrate that Supreme Courts and Constitutional Courts in general, and the STF in particular, play three different roles, that can serve to justify its more expansive performance.