Strengthening the Brazilian “juristocracy“ in self-interest: the engagement of justices since National Constituent Assembly to the Super Supreme Court thirty years later

The paper analyzes the factors that allowed the expansion of the Brazilian Supreme Court since 1988 compared to other branches of government, but also in a concentration of decision-making powers vis-à-vis other judges and courts. Institutional explanations prevail, which credit the strengthening of STF to the Brazilian Constitution. But, in this process, what is the role of STF´s justices? To answer this question, the research starts from Ran Hirsch’s suggestion, which highlights the role of members of legal and judicial elites as a relevant part in the establishment of a juristocracy, in their claim to increase their power and/or gain international reputation. It supports the hypothesis that brazilian juristocracy is a product of the mobilization and articulation of STF´ justices in parliamentary processes – National Constituent Assembly and constitutional reforms – reinforced by jurisprudence that concentrates in the court the power to establish its own attributions ever since.



Time:  TUESDAY JUNE 26 2018 11:00 AM - 12:30 PM
Speaker(s):   Flávia Santiago Lima
Panel:  Panel 77