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(Reference retrieved automatically from SciELO through information on FAPESP grant and its corresponding number as mentioned in the publication by the authors.)

SUPREME FEDERAL COURT AND CONSTITUTIONAL CHANGE

Full text
Author(s):
Fabiana Luci de Oliveira [1] ; Diego Werneck Arguelhes [2]
Total Authors: 2
Affiliation:
[1] Universidade Federal de São Carlos - Brasil
[2] Instituto de Ensino e Pesquisa - Brasil
Total Affiliations: 2
Document type: Journal article
Source: Revista Brasileira de Ciências Sociais; v. 36, n. 105 2020-12-14.
Abstract

Abstract This article discusses the constitutional change in Brazil based on the formation of an agenda and the decision-making process of the Federal Supreme Court (STF) Direct Actions of Unconstitutionality (ADIs) against constitutional amendments. The adopted methodology was the content analysis of the initial petitions and decisions (when present) in 115 ADIs, filed in court between 1988 and 2018, aiming to answer three descriptive questions: 1) which amendments were questioned, and which aspects of these amendments were contested; 2) which actors sought to limit and modulate constitutional change; 3) what answers did the court provide. The results indicate that the Supreme Court has participated significantly in the constitutional change process, interfering in legislative production. In 20% of the times when it was called upon to position itself, in ADIs, concerning Constitution amendments, the Court intervened, suspending provision effects or modulating legislative changes through the adoption of a Constitution interpretation. These results point to an active court regarding the use of power to control amendments. The data also suggest that the main entities benefited by this control mechanism and the court reaction during the analyzed period were public Justice career professional associations. (AU)

FAPESP's process: 13/08188-9 - The role of career path in the configuration of voting groups and networks in Brazil' Supreme Court
Grantee:Fabiana Luci de Oliveira
Support type: Regular Research Grants
FAPESP's process: 18/00395-9 - Brazilian Supreme Court and politics in democratic transition
Grantee:Fabiana Luci de Oliveira
Support type: Regular Research Grants