The deliberation in the Supreme Federal Court
The present work is dedicated to examinate the deliberative practice of the Supreme Federal Court, with the objective of offering proposals for its improvement. The discussion is especially relevant at the current Brazilian context, in which is observed an increasingly active court, as well as a mov...
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2024 |
| Country: | Brasil |
| Institution: | Universidade Federal do Paraná (UFPR) |
| Repository: | Revista de Investigações Constitucionais |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/92817 |
| Online Access: | https://revistas.ufpr.br/rinc/article/view/92817 |
| Access Level: | Open access |
| Keyword: | Cortes Constitucionais; Supremo Tribunal Federal; deliberação; propostas de aperfeiçoamento; decisão. Constitutional Courts; Supreme Federal Court; deliberation; proposals for improvement; decision. |
| Summary: | The present work is dedicated to examinate the deliberative practice of the Supreme Federal Court, with the objective of offering proposals for its improvement. The discussion is especially relevant at the current Brazilian context, in which is observed an increasingly active court, as well as a movement to valorize its precedents, at the same time that is verified the existence of several aspects of its deliberation which deserve repairs. Above all, is observed a deficit of collegiality. A qualified deliberation, besides granting greater legitimacy to its action of judicial review, would contribute to the effective strengthening of its jurisprudence, insofar as it would allow the identification of the institutional position of the Court. Given this scenario, the deliberative practice of the Supreme Federal Court is analyzed, followed by the presentation of proposals for its improvement, considering the experience of foreign Constitutional Courts. |
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