O Supremo Tribunal Federal como corte de apelação e corte constitucional: contribuição ao seu aperfeiçoamento com base no estudo de modelos estrangeiros / O Supremo Tribunal Federal como corte de apelação e corte constitucional: contribuição ao seu aperfeiçoamento com base no estudo de modelos estrangeiros

AUTOR(ES)

Caroline Oberst Blaschek

DATA DE PUBLICAÇÃO

2008

RESUMO

The current dissertation brings the Supreme Court of Brazil as the object of this research, within three approaching scopes. The first investigates the Supreme Court in a point of view of its competence and function, the second deals with the exam of other constitutional supreme courts overseas. Finally, the third scope is dedicated to the new proposition of improvement for the highest judicial court in the Judicial Power in Brazil, confirming its role as an organ of justice. The Supreme Court of Brazil is presented in the first chapter, which studies its constitutional nature and functions. Due to the understanding of its structure, some digression to the historical origins and related aspects were made necessary. The construction of the Judicial Power is demonstrated since the creation of the former General Government. The names and structures of the Supreme Court are brought to this study in a chronological row, since its first name as Relation Court, changing for the Supplication House of Brazil, Supreme Court of Justice, and finally, Supreme Court of Brazil. The competences of the Supreme Court of Brazil are analyzed inside the contents of all former Brazilian Constitutions and the current one, promulgated in 1988. Following this analysis, the given focus is set in the fulfillment of the judiciary repressive constitutionality control. In the search for the complete understanding about the relevance of the constitutionality control mechanisms, the next chapter shows the reasons which have motivated the formation of a Democratic State under the Rule of Law and also the Constitutional Courts in Europe and United States. These courts are responsible for the enforcement of Constitutional Justice. This chapter closure identifies the main two influences and inspirations to the foundation of the Brazilian Constitutional Justice. The research points identity crises inside the Supreme Court of Brazil, testing its role as a Constitutional Court. As a result of the wide range of functions granted by the Constitution itself, promulgated in 1988, the court has got characteristics of Constitutional Court, Original Jurisdiction Tribunal and Appellate Review Court. Through the example of the German Federal Court, its shown that the Supreme Court of Brazil havent got the full characteristicsrequired for its recognition as an original European Constitutional Court, specially referring to the protection of fundamental rights. The Constitution Amendment n. 45, published in the 30th of December of 2004, ratify those conclusions, as it shows, expressly, limitations to the constitutionality control, happening trough the binding effect of the Supreme Court decisions or through the demand for presenting the general relevance of the matter submitted for the Court decision. In the last part, the report works up the studies about the Juridical Politics as an implement to the improvement of the Supreme Court of Brazil. After exposing the subject, the conclusion leads to the awareness that the propositions made shall be taken as an instrument of consciousness-raising and reflection spotted over the whole society, jurists specially. The current research report brings two essential ideas for serving the society: it demonstrates the panoramic situation of all jurisdiction courts in Brazil and seeks for a major effectiveness in the process of law when it achieves its last likely stage, The Supreme Court of Brazil

ASSUNTO(S)

constitutionality control controle de constitucionalidade estado democrático de direito constitutional court constituição constitution fundamental rights constitutional justice constitucionalismo corte constitucional política jurídica constitutional tribunal constitutionalism democratic state under the rule of law direito juridical politics

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