Banca de QUALIFICAÇÃO: Paulo Jorge Silva Santos

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Paulo Jorge Silva Santos
DATE: 06/11/2024
TIME: 19:00
LOCAL: https://teams.live.com/meet/9332694260021?p=hPONrlGw0leSKtNsap
TITLE:

Judicial Discretion in the Brazilian Supreme Court: An Empirical Analysis of Interpretation Methods and Decision-Making Theories in Cases of Special Relevance

KEY WORDS:

Legal Discourse. Judicial Discretion. Interpretative Methods, Standards, and Decision Theory.

PAGES: 55
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research focuses on the empirical and qualitative analysis of judicial discretion in the Brazilian Supreme Court (STF), emphasizing cases of special relevance in 2023. The objective is to examine how the justices exercise interpretative freedom in the process of interpreting and applying the law. The analysis seeks to assess how doctrine and precedents are used in judicial discourse, as well as to identify the interpretative methods or standards adopted, such as the teleological, systematic, literal, consequentialist, syllogistic, and historical methods, the principle of due process from a substantive perspective, the prohibition of deficient protection, the use of Alexy's construct, among others. Additionally, the research aims not only to map the interpretative methods used in the STF but also to evaluate the use of precedents, the influence of doctrine, and the application of constitutional principles in norm construction. The ultimate goal is to outline an overview of the STF’s role from the perspective of judicial discretion during the year in question.

COMMITTEE MEMBERS:
Externo à Instituição - VALTER MOURA DO CARMO - UFT
Presidente - 2332291 - ALEXANDRE ARAUJO COSTA
Interno - 2132953 - ISAAC COSTA REIS