The political function of Federal Supreme Court / A função política do Supremo Tribunal Federal

AUTOR(ES)

Leonardo André Paixao

DATA DE PUBLICAÇÃO

2007

RESUMO

Political function of the State is the work performed by constitutional bodies, within the scope of their respective competencies, to preserve political society and promote public welfare. It consists in determining, through free interpretation of constitutional rules, what may be considered of public welfare and what are the necessary mechanisms for its implementation. Political function is performed by various powers and bodies including the constitutional courts. Basically, constitutional courts exercise political function in relation to four major subjects: segregation of power, federalism, basic rights and the functioning of democratic institutions. Constitutional courts bear specific characteristics when it comes to exercising their political function. A constitutional court has the legitimacy to exercise political functions even though its constituents are not elected through popular suffrage. In the exercise of their political function, constitutional courts must beware of some limits. In Brazil, the body that plays the role of constitutional court is the Federal Supreme Court. Throughout its history, that is, since its establishment in 1891 until the present, the Federal Supreme Court has contributed to define what public welfare is, as well as to its implemen-tation. Therefore, it has exercised its political function. Considering its jurisprudence, it is possible to identify seven stages in the Federal Supreme Court history. In some of these stages the Supreme Court exercises its political function actively. In other stages, simply confirmed decisions taken by other bodies. The Federal Supreme Court has legitimacy to exercise its political function. Its jurisprudence also shows that, in the exercise of its political function, the Federal Supreme Court has known some limits.

ASSUNTO(S)

political function constitutional court política federalism tribunal constitucional basic rights federal supreme court separação de poderes supremo tribunal federal democracia political role functions of the state separation of powers democracy tribunal supremo federalismo democratic institutions

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