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The deliberative component and the interaction between the powers during the control of constitutionality in Brazil

Grant number: 20/08033-9
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): February 01, 2021
Effective date (End): January 31, 2022
Field of knowledge:Applied Social Sciences - Law
Principal researcher:Conrado Hübner Mendes
Grantee:Thiago Clemente Cobucci
Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

This research proposes one analysis about the constitutionality actions in Brazil under the prism of the separation of powers, analyzing the possible interinstitutional interactions that can increase the deliberative quality of the dialogue between the powers. First, a study will be made about the current interactions between the powers during the most diverse forms of constitutionality control, evaluating both the powers involved, the degree of their interaction and the quality of the dialogue carried out, with deliberation as the evaluation parameter. At the end of this stage, the analysis of constitutionality actions in Brazil starts, with emphasis on the current configuration and possible insertions of new mechanisms that enable dialogue and, consequently, improve the deliberative quality of interinstitutional dialogue.

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