O protagonismo do Supremo Tribunal Federal na atual crise das instituições políticas

Abstract

The purpose of this subject was to analyze the conditions that favors the protagonism of the Brazilian Supreme Court in the most recent political issues and the impacts caused internally and externally to the Court, especially in the relation with the other powers. It was a monograph originated of a bibliographic research within books, scientific articles, news reports, legislation and jurisprudence. In this research, it was analyzed, initially, the theorical aspects that gave ground to the ascension of the Judicial Power in the context of the post-war democracies, due to the consecration of the Constitutions based in the human rights. Afterwards, it was analyzed recent political episodes in the Brazilian scenario where the intervention of the Supreme Court was determinant to the political arena e to the society, such as the impeachment of ex-president Dilma Rousseff, the removal of the president of the Chamber of Deputies, Eduardo Cunha, the annulment of the nomination of the ex-president Lula to the Staff of the Presidency of the Republic, the limitation of the parliamentary immunity and the acknowledgment of the freedom to express political ideas inside the universities. Lastly, it was explained the real circumstances – the crisis in the legislative representation, the Court’s institutional architecture and the questionable guideline’s choices – that contributes to the protagonism of the Court in the most important political issues and the impacts cause internally and externally in the democratic institutions.