Banca de DEFESA: MAYARA CAMPOLINA DE SOUSA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MAYARA CAMPOLINA DE SOUSA
DATE: 31/01/2025
TIME: 10:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDQ1NzE3NTctMmRkMS00ZTJhLTliMTEtOGU5OTkxNDdmZ
TITLE:

MILITANT DEMOCRACY AND DEMOCRATIC EROSION IN BRAZIL: AN ANALYSIS OF ADPF 572

KEY WORDS:

Militant democracy. Democratic erosion. Crisis jurisprudence. ADPF 572. Federal Supreme Court. Defense of the democratic regime.

PAGES: 70
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation aims to analyze the Federal Supreme Court's adoption of the doctrine of militant democracy in the construction of a crisis jurisprudence to defend the Brazilian democratic regime. To understand the topic, in addition to the appropriate bibliographical review, a study was carried out of the decision made in ADPF 572, which questioned the legality and constitutionality of Inquiry (INQ) 4781, established with the aim of investigating the existence of fraudulent news , slanderous denunciations and threats against the Court, its ministers and family members. The hypothesis is that this decision, alongside others made in the same context, inaugurates a jurisprudence of crisis, supported by the doctrine of militant democracy.  Based on a theoretical-argumentative update of the ideas proposed by Loewenstein to the characteristics of contemporary processes of democratic erosion, the Judiciary emerges as a central actor in the defense of the democratic regime. In Brazil, due to a very characteristic political and institutional design, this turn took place quite clearly in a set of decisions openly aimed at preventing the use of democratic principles and instruments to subvert Brazilian democracy, reinforcing the assumption according to which no right is absolute. Based on this situation, it remains to be questioned what the limits are to the Supreme Court's militant actions.

COMMITTEE MEMBERS:
Interno - 2332291 - ALEXANDRE ARAUJO COSTA
Externo à Instituição - ALEXANDRE DOUGLAS ZAIDAN DE CARVALHO - UCSAL
Interno - 2492387 - JULIANO ZAIDEN BENVINDO
Presidente - 1929118 - PABLO HOLMES CHAVES