BRAGA, Cássio Lira; BRAGA, Cássio Nunes de Lira; http://lattes.cnpq.br/8181590178980810; BRAGA, Cássio Nunes de Lira.
Résumé:
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.