THE APPLICATION OF THEORY OF THE INSTITUTIONAL DIALOGUE IN BRAZIL AS A COMPROMISE SOLUTION, IN THE LIGHT OF THE SUPREME COURT’S CASE LAW
DOI:
https://doi.org/10.5935/2317-2622/direitomackenzie.v14n214043Keywords:
diálogo institucional, controle de constitucionalidade, jurisdição constitucional, Supremo Tribunal Federal, democraciaAbstract
The question of the last word has been subject to doctrinal criticism for
some time. There is an undeniable need to carry out judicial review by politically impartial
institutions; however, the quantitative increase in control parameters makes
constitutional courts protagonists in a political discussion, in an insult to the democratic-
majority logic. This work assumes that the institutional dialogue – technique
that aims harmonizing the need to protect the Constitution with respect for popular
deliberation, through a model in which judicial decisions are deferential to the work of
the legislator – does not have a previously established political structure, and may be the
result of a model for the exercise of political power based on compromised solutions
between the legislature and the judiciary. Based on this premise, the article seeks to analyze
the practice of institutional dialogue in Brazil as decision-making methodological
technique regarding judicial review.
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