ESPECTROS DA ATUAÇÃO DO AMICUS CURIAE NA CORTE IDH E NO STF:

SPECTRUM OF AMICUS CURIAE’S PERFORMANCE IN THE IACtHR AND IN THE STF: A COMPARATIVE AND CROSS-SECTIONAL LOOK

Abstract

The article aims to analyze the institute of amicus curiae in the actions of concentrated judicial review of the Brazilian legal system and in the Inter-American Court of Human Rights (IACtHR), regarding, specifically, its form of manifestation and contribution to the lawsuit, in defense and guarantee of fundamental and human rights. With the present work, it is intended to present the importance of the intervention of the institute in national and inter-American jurisdiction at the present time, considering the tradition of the institute. Thus, the problems to be answered correspond: what are the forms of intervention of the amicus curiae institute in the concentrated judicial review of the Brazilian legal system and in the IACtHR? What is the current importance of the institute in these loci? For the elaboration of the research, the deductive method and the technique based on bibliographic and jurisprudential research are used. From this perspective, the work is justified by the importance of showing that the legal instrument corresponds to a mechanism of contribution and legitimacy within the scope of the decisions of the Brazilian Federal Supreme Court and the IACtHR, intervening in voluntary forms and by request of the rapporteur, having as its greatest principle to enable the realization, protection and guarantee of human and fundamental rights.