O cenário sócio-político do Supremo Tribunal Federal na transição democrática-dinâmica de interesses




It is conferred to the 1988 Constitution a communitarian influence that proclaims the citizen potential participation. By sparing values and ordinary community goals, politics becomes a field for reflexion, for increased value of Social Justice and the values and principles of the community, now constitutionalized. This influence brings out, as well, a new claim to the Judicial Branch, that starts to perform a more political function due to the emphasis granted to the constitutional text. Beyond that, the tension between Law and Politics is a present keynote in the analysis about the significant growth of Constitutional Tribunals since the second half of the XX century. This way, the worth of constitutional justice, in Brazil performed by the Federal Supreme Court, is increased by the enlargement of the authorities capable of asking for the Tribunal performance in protecting the constitutional text, in a process known as the enlargement of the interpreters community. The possibility of more representative authorities of the civil society access the STF is seen as a citizen achievement, and of the communitarian influence. It means the citizen is allowed to question laws that contradict the constitutional values, looking for the sake of republican rights, seeing the State as an authorized agent of the countrys common good. In short: a judicial participative citizenship that makes sure the vast system of constitutional rights becomes effective. However, the analysis of the actor of political, judicial and social fields turns out to echo a very specific and typical dynamic of interests, due to the particularized Brazilian culture of rights, which allows critics on the mentioned communitarian ideology incorporation itself. Key-words: communitarian, liberalism, Federal Supreme Court, constitutional abstract review, judicial and political field.


controle de constitucionalidade concentrado supremo tribunal federal campo jurídico e político liberalismo comunitarismo sociologia

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