Banca de QUALIFICAÇÃO: EDUARDO UBALDO BARBOSA

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : EDUARDO UBALDO BARBOSA
DATE: 12/12/2025
TIME: 15:00
LOCAL: https://us02web.zoom.us/j/87276729867?pwd=dqSCknzatdRhEoEipo5XkX38avOL1a.1
TITLE:

The João Coelho Gomes Ribeiro’s Constitutional Court (1890)

KEY WORDS:

Constitutional History of Brazil; Supreme Federal Court (STF); Brazilian First Republic.

PAGES: 80
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This doctoral research, now submitted for qualification, consists of a contextual analysis of the Constitutional Court project presented by an unknown magistrate named João Coelho Gomes Ribeiro in the pages of the Gazeta de Notícias during the first constituent moment of the Brazilian Republic (1890). Considered by its author as the “Living Constitution”, this Court would be composed not of judges, but of representative members of the ruling classes of Brazilian society gathered in specialized chambers, and would be responsible for “interpreting the Federal and State Constitutions” and resolving political and administrative disputes. As the “definitive representative of the Constituent Power”, the “supreme organ of national sovereignty”, this Court – which, despite its name, would not be part of the Judiciary – would occupy a hierarchically superior position to the other three branches of government. Exploring the peculiarities of this institutional design forged on very different foundations from those upon which Rui Barbosa and Campos Sales were building the Supreme Federal Court within the core of the Provisional Government, this research starts from the hypothesis that, at the beginning of the Republic, the idea of a Constitutional Court (and, ultimately, of constitutional jurisdiction itself – even if separate from the Judiciary) may have been conceived not only to preserve rights and harmonize the interests of the entities of the Federation, but also (or even especially) to tame the excesses of any democratic wave derived from the possible (and, at least theoretically, necessary) expansion of popular suffrage with the Republic.

COMMITTEE MEMBERS:
Externa à Instituição - MARIA FERNANDA LOMBARDI FERNANDES - UNIFESP
Presidente - 1534172 - AIRTON LISLE CERQUEIRA LEITE SEELAENDER
Externa ao Programa - 2220592 - BISTRA STEFANOVA APOSTOLOVA - nullInterno - 2300296 - CRISTIANO OTAVIO PAIXAO ARAUJO PINTO