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Judicial and legislative constitutional review: constitutional dialogues

Grant number: 20/00463-4
Support type:Scholarships in Brazil - Master
Effective date (Start): May 01, 2020
Effective date (End): April 30, 2022
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal Investigator:Daniel Wei Liang Wang
Grantee:Ana Luiza Gajardoni de Mattos Arruda
Home Institution: Escola de Direito de São Paulo (DIREITO GV). Fundação Getúlio Vargas (FGV). São Paulo , SP, Brazil

Abstract

The research intends to discuss a central issue to the Brazilian legislative process: the constitutional review in its different stages. It is intended to understand and measure how the Comissão de Constituição e Justiça e de Cidadania of the National Congress (CCJC) and the Supreme Federal Court (STF) act, respectively, in the constitutionality review of proposed amendments to the constitution and the resulting constitutional amendments. More precisely, the objective is to present an overview of how acted (i) the CCJC, when issuing its opinions, and (ii) the STF, when judging Ações Diretas de Inconstitucionalidade regarding constitutional amendments. For this, the documents of the institutions will be analyzed comparatively. (AU)