PRINCÍPIO CONSTITUCIONAL DA HARMONIA ENTRE OS PODERES E INSTITUTOS DA DEMOCRACIA SEMI-DIRETA: ENTRE A SOBERANIA POPULAR E O PAPEL CONTRAMAJORITÁRIO DO STF

Abstract

This paper investigates the evolution of the Federal Supreme Court (STF) in the context of the 1988 Constitution, emphasizing its contramajoritarian role in strengthening the Democratic Rule of Law. The 1988 Constituent Assembly did not merely facilitate a transition to democracy; it also aimed to implement profound and significant social transformations. This thesis examines the constitutional principle of harmony among the branches of government and the mechanisms of semi-direct democracy, focusing on the interrelation between popular sovereignty and the contramajoritarian role played by the STF. The study begins with a detailed analysis of the principle of separation of powers in Brazil, discussing how the interaction and balance among the Legislative, Executive, and Judicial branches are crucial for the stability and efficiency of the democratic system. It then explores the application of semi-direct democracy, including mechanisms such as plebiscites, referendums, and popular initiatives, which promote greater citizen participation in public policy formulation and governmental decision-making. Additionally, the study delves into the polarization between interpretivism and non-interpretivism, highlighting the essential role of the STF as a guardian of minorities and defender of fundamental rights. In exercising its function, the Court is responsible for ensuring the dignity of all citizens, particularly in a context where vulnerable groups often face significant challenges. Finally, the paper seeks to understand the complex dynamics between popular will and the contramajoritarian function of the STF, reflecting on how this relationship influences the legitimacy of the democratic system and the effectiveness of political and legal institutions. Thus, this study aims not only to deepen the understanding of the historical and institutional trajectory of the STF but also to analyze the factors that have driven this evolution over the years, offering a comprehensive view of the Court's role in the construction and maintenance of democracy in Brazil.