Da arena legislativa para arena judicial: a interferência do STF na pauta das casas legislativas.

Abstract

This work was concerned with determining the causal conditions for the Federal Supreme Court in Brazil (STF) to interfere in the agenda of Legislative Houses through its decisions. It was expected that there would be a high degree of interference by the STF in the Legislative Branch when judging the court lawsuits initiated by interested people, including legislative actors, especially when dealing with acts, omissions and proceedings of the Legislative Branch. It was possible to conclude that Brazil has a whole structure to have the phenomenon of the judicialization of politics: high party fragmentation, low legislative concentration, low confidence of the population in the Judiciary, election uncertainty, presence of democracy, existence of a written Federal Constitution which establishes powers of constitutional revision (in a diffused and concentrated way). Regarding the interference of the STF in the Legislative Houses, it was verified that the Supreme Court remains reticent when provoked to interfere in interna corporis acts of the Legislative Branch. When the causal condition “Parliamentary Commission of Inquiry” is present, the Supreme is more incisive in the interference in the legislative guideline. The methodology used was the Qualitative comparative analysis (QCA), combined with the Case Study methodology, and eighty (80) cases, from 1980 to 2018, which might have interfered in the Legislative Houses (and some which actually interfered) were analyzed.