Monocratização do Supremo e o sistema democrático: uma análise sobre as decisões monocráticas nas ações diretas de inconstitucionalidade

Abstract

The present study deals with the monocratic injunctions granted in the headquarters of Concentrated Constitutionality Control Actions - specifically, in Direct Actions of Unconstitutionality, seeking to analyze how the three Powers behave, especially the Federal Supreme Court (STF). Start with the question: is there democratic legitimacy in the monocratic injunctions granted by the STF in Direct Actions of Unconstitutionality? In order to achieve the general objective of responding to such questioning, it sets out as specific research objectives, first, to discuss the phenomenon of monocratization of the Supreme Court and, later, to check if there is a violation of the system of checks and balances by the role of the Reporting Rapporteur in Direct Actions of Unconstitutionality. It starts with a qualitative approach, adopting the review of literature and document analysis as methodological techniques. Since 2002, the Supreme Court underwent a process of monocratization, which has unbalanced the Brake and Counterweights Mechanism by granting almost unrestricted powers to the Reporting Minister, who grant illegal and unconstitutional injunctions, violating the article 10 of Law Law 9.868 / 1999.