Banca de DEFESA: JOÃO VICTOR DE ARAÚJO TOCANTINS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : JOÃO VICTOR DE ARAÚJO TOCANTINS
DATE: 26/07/2024
TIME: 15:00
LOCAL: SALA A1-04 - FACULDADE DE DIREITO - UnB
TITLE:

Doctrine of Interna Corporis Acts at stake: Constitutional Jurisdiction and Due Legislative Process

KEY WORDS:

Interna Corporis Act; Due Legislative Process; Constitutional Jurisdiction; Non-exclusion of Judicial Review; Separation of Powers.

PAGES: 130
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The non-exclusion of jurisdiction is a fundamental principle enshrined in the 1988 Constitution (art. 5, XXXV). However, it has been found that the Supreme Federal Court, throughout its history, has deviated from its role as the guardian of the Constitution, taking oblique and hesitant paths regarding what it defined as the possibility (or not) of judicial review of the Brazilian legislative process. As a methodological technique, the research utilized data collection (documentary and bibliographic) as well as data analysis (examining the arguments of constitutional judges' discourses), having as a starting point the Habermasian theoretical framework that supports the authors who embodied the bibliographic base of this dissertation. In the end, it was verified that the central hypothesis was correct: there is no interna corporis act that is immune from judicial review. Asserting this does not translate into undue interference, as the research argues for the imperative necessity of judicial review of allegations of violations of the legislative process. Without the guarantee of such review, it is not possible to speak of a Democratic Rule of Law.

COMMITTEE MEMBERS:
Interna - 1716148 - CLAUDIA ROSANE ROESLER
Interno - 2300296 - CRISTIANO OTAVIO PAIXAO ARAUJO PINTO
Presidente - 1151990 - MAMEDE SAID MAIA FILHO
Externo à Instituição - MARCELO ANDRADE CATTONI DE OLIVEIRA - UFMG