Banca de DEFESA: Henrique Santos Magalhães Neubauer

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Henrique Santos Magalhães Neubauer
DATE: 20/07/2023
TIME: 14:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGMyOWJkOTAtMmM5OS00OTY2LTk0ODEtMjdlZTdhYWMwZ
TITLE:

"THE FRONTIERS OF COURT-PACKING IN BRAZIL: BETWEEN THE CONSTITUTIONAL HARDBALL AND ABUSIVE CONSTITUTIONALISM".

KEY WORDS:

Constitutionalism. Court-Packing. Abusive Constitutionalism. Constitutional Hardball. Supreme Courts.

PAGES: 132
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The objective of this work is to understand to what extent Court-Packing can characterize the practice of abusive constitutionalism or be situated within the scope of constitutional hardball, as well as its effects on the Brazilian political system. It is possible to perceive a growing expansion of the Judiciary Power that, more and more, occupies the spaces belonging to the other powers of state. From the promotion of public policies to decisions that interfere in legislative processes, the Courts began to play a role of singular importance in the political game. This circumstance does not go unnoticed by members of the other branches of government, who seek strategies to understand how the Courts decide. Among them is court-packing, that is, packing Courts with people who have some degree of commitment to the ideology of who made the nomination. It is a complex phenomenon, but one that, to some extent, can be situated within the common political game or serve as an instrument to end any form of political competition. This second circumstance has been called abusive constitutionalism, whose characteristic is the use of the ideal of constitutionalism to make the state less democratic. Nowadays, democratic erosion, in a conception of liberal democracy, occurs through the means that the constitutional system confers from its design. Distinguishing when this phenomenon can characterize abuse of constitutional instruments is the central point of the work, which will seek to understand the possibilities and consequences for Brazilian constitutionalism.

BANKING MEMBERS:
Externa à Instituição - CATARINA SANTOS BOTELHO - UCP
Externo à Instituição - GEORGES ABBOUD - PUC - SP
Presidente - 1012528 - JOAO COSTA RIBEIRO NETO
Externo à Instituição - MARCELO ANDRADE CATTONI DE OLIVEIRA - UFMG