MAPPING OF ARGUMENTS NON-COMPLIANCE WITH FUNDAMENTAL STRUCTURAL PRECEPTS
IN THE FEDERAL SUPREME COURT
Supreme Federal Court; structural process; allegations of non-compliance with fundamental precepts; empirical research.
The present study aimed to map the Claims of Non-Compliance with Fundamental Precepts (ADPFs) with structural requests proposed at the Federal Supreme Court (STF) in the period from 01/2014 to 12/2023. This is descriptive research, in which the initial petitions of 790 ADPFs were examined, extracted from the STF website itself, cataloging for analysis those with requests for structural provisions. The investigation carried out, in addition to allowing the mapping of the structural actions that reached the Court in the last decade, makes it possible to develop empirical research in Law and a better understanding of the Court's performance in the structural context, especially with regard to receptivity. As main findings, it is possible to state that: i) not a large number of ADPFs with structural requests were proposed in the last decade (23 ADPFs were cataloged as structural); ii) political parties are the biggest litigants in the structural demands filed; iii) the Attorney General's Office (PGR) did not propose structural ADPF in the mapped interval; iv) there is relevant use of structural ADPFs to protect minority groups; v) injunctions are granted, as a rule, in a monocratic manner; vi) the STF does not adopt stable parameters when allowing, or denying, the follow-up of ADPFs with structural claims.