Brazilian Supreme Court and politics in democratic transition

• Grant number: 18/00395-9
• Support Opportunities: Regular Research Grants
• Duration: August 01, 2018 - January 31, 2021
• Field of knowledge: Humanities - Sociology - Other specific Sociologies
• Principal Investigator: Fabiana Luci de Oliveira
• Grantee: Fabiana Luci de Oliveira
• Host Institution: Centro de Educação e Ciências Humanas (CECH). Universidade Federal de São Carlos (UFSCAR). São Carlos , SP, Brazil
• Associated scholarship(s): 18/18638-5 - The Performance of the Attorney General of the Republic within the Supreme Court in the Democratic Transition - a portrait of the media coverage, BP.TT

Abstract

The project aims to discuss the relations of the Supreme Court with politics in the period of democratic transition (1979 to 1988), analyzing decisions on judicial review cases (Rps). The proposal is to investigate the dynamics of the decision-making process in the Supreme Court, verifying the analytical validity of the concept of judicialization of politics in the interpretation of the court's performance in that period. In order to do so, it seeks to describe the decision-making agenda, mapping the issues on which the court ruled, and how it effectively decided; and to analyze the dynamics of the collegial game, identifying the way in which Justices grouped to vote and the determinant factors on the formation of majority coalitions. It seek to specify the factors that influence the constitution of voting networks, and the decision-making agenda, identifying the explanatory factors in the way the court ruled. Secondly, it seeks to investigate the performance of the Attorney General, exclusive holder of the prerogative to interpose judicial review cases. The theoretical-methodological approach is based on decision theories, especially in the dialogue amongst attitudinal, strategic and neoinstitutional models, supported by studies on the behavior of the Judiciary in countries under authoritarian regimes and in democratic transitions. The research will use quantitative (combinatorial analysis and regression) and qualitative (content analysis) analytical techniques. The main contribution this project brings is a detalied interpretation on the extent of the political performance of the Supreme Court in democratic transition, providing alternative explanatory elements to democratization for the expansion of judicial power. (AU)

Scientific publications

(References retrieved automatically from Web of Science and SciELO through information on FAPESP grants and their corresponding numbers as mentioned in the publications by the authors)

FABIANA LUCI DE OLIVEIRA; DIEGO WERNECK ARGUELHES. O SUPREMO TRIBUNAL FEDERAL E A MUDANÇA CONSTITUCIONAL. Revista Brasileira de Ciências Sociais, v. 36, n. 105, 2020-12-14. (18/00395-9, 13/08188-9)

FABIANA LUCI DE OLIVEIRA; DESIRÉE FERREIRA MARQUES RIBEIRO. Atuação política do Procurador-Geral da República na transição democrática no Brasil. Revista Direito e Práxis, v. 13, n. 4, p. 2263-2291, 2022-12-16. (18/00395-9)