GLOBALIZAÇÃO E CONSTITUCIONALISMO EM REDE: A ATUAÇÃO DO STF COMO ESTUDO DE CASO EM UM CENÁRIO JURÍDICO, DIPLOMÁTICO E ECONÔMICO GLOBALIZADO

Abstract

This work critically analyzes the impacts of globalization on the sovereignty of States and the formation of a new legal dynamic marked by normative fragmentation and dialogue among different constitutional orders. It begins with the historical understanding of the formation of the State and the evolution of the concept of sovereignty to demonstrate how such categories have been relativized in the face of growing international interdependence, especially in the legal field. In this context, the Brazilian Supreme Federal Court is examined as the background of a process of institutional repositioning, which places it within a transnational normative circuit characterized by the circulation of decisions, principles, and constitutional values shared among different jurisdictions. From a methodological perspective, the study, of a qualitative and theoretical-descriptive nature, is based on bibliographic review and documentary analysis, using a deductive method that starts from general concepts about State and sovereignty to specifically evaluate the performance of the Supreme Federal Court and the impacts of its decisions in the transnational context. This study also analyzes PET 12.404, an emblematic case that involved the regulation of global digital platforms, to highlight the circularity between external influence, institutional response, and global repercussion, showing how the Court ceased to be only the guardian of the national Constitution to project itself as an active participant in global constitutionalism. It also examines the economic and diplomatic impacts that such decisions can generate, including the reaction of financial markets, exchange rate fluctuations, and multilateral tensions, exemplified by the recent application of the Global Magnitsky Act to a Supreme Federal Court justice, which revealed the vulnerability of constitutional courts to international normative instruments. It concludes that the legitimacy of the Supreme Federal Court, in the current globalized scenario, depends on its ability to articulate normative autonomy and international dialogue, reaffirming Brazilian constitutional sovereignty without ignoring the transnational flows of legal and political power.