Monocratização do Supremo e o sistema democrático: uma análise sobre as decisões monocráticas nas ações diretas de inconstitucionalidade
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Date
2020-12-08
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Universidade Católica do Salvador
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.
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Keywords
Separação de poderes, Freios e contrapesos, Democracia, Controle de constitucionalidade, Monocratização do supremo, Separation of powers, Checks and balances, Democracy, Constitutionality control, Monocratization of the supreme court