Erosão democrática : o Supremo Tribunal Federal como baluarte da democracia

Abstract

This master's dissertation has, as its general objective, the critical analysis of the erosion process of liberal democracies and how constitutional courts can contribute to mitigate this process, with the Brazilian scenario as the research context. Specifically, it also seeks to understand the democratic legitimacy of counter-majoritarian decisions by the Federal Supreme Court and, finally, to examine the consequences of the judicial review model. In this regard, the research problem, from the perspective of constitutional philosophy, consists of inquiring about the role of the Federal Supreme Court in defending democracy. We posit the hypothesis of a more proactive role for the Court in this context. Regarding the applied methodology, we make use of a revisitation of related bibliography, exploring theoretical gaps to fill them throughout the work. Additionally, we analyze concrete cases brought before the Supreme Court that illustrate the issue. The research unfolds over three chapters, where in the first of them, historical and evolutionary notes on democracy are made, culminating in a sophisticated conceptual analysis of the term. In the second chapter, we discuss the shadow that has fallen upon democracy and the modern ways of undermining it, providing us with examples from the current geopolitical context. In the third chapter, in light of the theoretical framework presented, we reflect on the Judiciary/Executive relationship in a context of restraint of democratic values. In the epilogue, we reserve the function of prescribing the convictions formed during the research, which we consider to be a contribution to the enhancement of democracy