Erosion and democratic resistance in the constitutionality control of federal policies by the STF in the period 2019-2022

• Grant number: 23/13510-9
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: November 01, 2023
• End date: October 31, 2025
• Field of knowledge: Humanities - Sociology - Other specific Sociologies
• Principal Investigator: Maria da Gloria Bonelli
• Grantee: Ana Lívia Ventura Massinelli
• Host Institution: Centro de Educação e Ciências Humanas (CECH). Universidade Federal de São Carlos (UFSCAR). São Carlos , SP, Brazil
• Associated research grant: 21/12714-4 - Legal professionals and democracy: local-global strugles to reshape professional forces in the judicial and public safety systems, AP.TEM

Abstract

The project's central objective is to investigate the agenda of conservative interests in the Federal Supreme Court in the period from 2019 to 2022, through the mapping of concentrated constitutionality control actions filed with the STF in this period, dealing with policies of interest to the Federal government, identifying : 1) the authors of these actions, 2) the scope of the requests and 3) the results achieved (decisions/omissions). The research will be developed within the scope of the thematic project "Jurists and democracy: Local-global struggles for the reconfiguration of professional forces in the scope of justice and public security", which investigates the relationship between legal professions and politics in Brazil, based on the image of a "tug of war" between democratic and antidemocratic positions. The IC project seeks to answer whether the STF, based on its decisions, positioned itself in this "tug of war" as a vector of democratic setback or a barrier to contain this process. With this, it will be possible to verify whether judicial behavior tends to slow down, accelerate or oscillate the advancement of conservative agendas and their effects on democracy, and compare the results with existing research to test the limits of the applicability of the Brazilian case to the concepts of abusive constitutionalism and democratic setback.