Fundamental constitutional guarantees in the abstract review process of the brazilian hybrid system

an analysis of the Supreme Federal Court as the main guardian of the constitution in the face of the "crisis" of the legislative branch

Abstract

This article presents an analysis of the Supreme Federal Court as the main guardian of the Constitution, in light of recent phenomena of judicialization and judicial activism. It emphasizes the German model and process of constitutionality. It analyzes the various currents that discuss the nature of the decisions of the Supreme Federal Court. It highlights the issue of the aggrandizement of our Court, and consequently, of its functions, in the face of the crisis of distrust experienced by the Executive and Legislative branches. It emphasizes recent decisions and judgments of the STF, observing the legal and political nature of these decisions. It questions the need for an exclusive Constitutional Court, given the operational infeasibility left by the broad competences foreseen in the Constitution in relation to the Supreme Federal Court, as a non-exclusive constitutional court. This analysis examines the various typical functions of the Supreme Federal Court, noting the necessary reduction of its powers in order to fulfill and implement constitutional precepts, thus avoiding a scarcity of constitutional jurisdiction. It also analyzes the limitation between the legal and the political in the decisions of the Supreme Federal Court as a way to harmonize the branches of government.