PUBLIC HEARING IN THE BRAZILIAN JUDICIAL REVIEW

AN ISSUE OF FACT OR OF LAW?

Abstract

This article calls into question the assertion that Brazilian constitutionality control is objective, which is, we maintain that for Supremo Tribunal Federal to determine whether a law is constitutional or not, they need to examine issues of fact and law. We seek to demonstrate this hypothesis by the participation of experts in the public hearings. To do so, we demonstrate how the participation of experts in the arguição de descumprimento de preceito fundamental - ADPF n. 54/DF insert the issues of fact in the Brazilian constitutional jurisdiction. We use as methodology the bibliographic study between the juridical concept of evidence consolidated in the Anglo-American law and the public hearings in the concentrated control of Brazilian constitutionality. Finally, we conclude that the concentrated control of constitutionality, at least in Brazil, analyzes both issues of fact and of law, so it is not an exclusively objective control, but a control hybrid.