THE INSTITUTIONAL MELODY OF THE CHIEF JUSTICE OF THE BRAZILIAN SUPREME COURT: COMPASSES AND IMPROVISATIONS IN THE USE OF ITS POWERS AND PRACTICES.
Brazilian Supreme Court; Chief Justice; judicialization of politics; Desenho institucional; poderes institucionais.
The Brazilian Supreme Court and its justices have been at the center of the most important national political discussions in the last decade. Based on this diagnosis highlighted by specialized literature, this work proposes to analyze the Presidency of the Brazilian Supreme Court – a centralized individual actor – as a specific actor in this concert between the powers of the Republic, its relations with others justices and with society. To achieve this aim, interviews were carried out with people who worked with the Chief Justice between the years 2001-2023.
It was possible to reach the conclusion that the use of regulatory powers and competencies by the Presidency of the Brazilian Supreme Court presents a certain discretion, insofar as it is subject to the individual styles, inclinations, strategies, trajectories, postures and cautions (or boldness) of the chief of justice who occupies the main chair of the Judiciary. Just like in a jazz band, where the rhythm is dictated by improvisation and non-linear rhythm, the Chief of Justice of the Brazilian Supreme Court, depending on the justice who occupies it, presents a more measured or more improvised rhythm. Depending on the mood and personal experience of the band leader (chief of justice), interactions with fellow musicians (associate justices), or even members of the public (actors of the Executive and Legislate powers, press and society), a jazz performer or musician can change melodies, harmonies or time signatures however you see fit.