The Supreme Federal Court and Democracy in Crisis in Brazil
Institutional assumptions for an inclusive model of institutional interaction
DOI:
https://doi.org/10.5020/2317-2150.2024.14274Keywords:
Supreme Federal Court, democratic crisis, theory of institutional capabilities, institutional interactionAbstract
This article discusses the role of the Powers and institutions in the context of a democratic crisis (democratic erosion), highlighting that an institutional crisis can be avoided when the leading role of the Supreme Federal Court in the creation and management of institutional conflicts is exercised in a prudent and measured manner. Thus, the following question arises: how do we define parameters for more cooperative and harmonious action between the Powers, considering the Brazilian institutional scenario and the practical legal-political challenges? Furthermore, how can the Powers and institutions contribute to responding to the crisis of democracy in Brazil? Based on the reflections of Mezzaroba and Monteiro (2023), this study uses the hypothetical-deductive method complemented by the historical method. The research, of a qualitative nature, is based on the interrelationship of factors and contexts, in addition to having a prescriptive aspect when describing the factual context and, thus, proposing solutions to the problems addressed. To this end, the theory of institutional capacities is addressed, highlighting the relevance of the institutional issue in relations between the Powers. The concepts of shared constitutional authority, passive virtues, and countercyclical constitutional jurisdiction are also presented as solutions for the Supreme Federal Court to be more concerned with the institutional consequences of its decisions, as well as aiming at greater harmony between the Powers within the Brazilian institutional arrangement and for the defense of democracy.
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Copyright (c) 2024 Tiago de Sousa Moraes, Caroline Müller Bitencourt

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