A utilização de Propostas de Emendas à Constituição como forma de reação a decisões do Supremo Tribunal Federal

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2018-08
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Falcão, Joaquim
Arguelhes, Diego Werneck
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Article 2 of the Brazilian Federal Constitution states that the Legislative, the Executive, and the Judiciary branches are independent and harmonic among themselves. The independence and the harmony provided in Article 2 are constantly tested by the conflicts originated from the performance of each branch’s activities. This essay intends to investigate part of the relationship between the Legislative branch – represented by the Brazilian Chamber of Deputies and the Brazilian Federal Senate – and the Judiciary branch – represented by the Brazilian Supreme Court (STF). In short, it focuses on cases in which the chambers of the Brazilian Congress react to the STF. This essay maps the reactions and its possible patterns and lists hypothesis to try to explain them. To achieve this goal, this essay analyzes the proposals of Amendments to the Brazilian Constitution (PEC) approved by the Brazilian Chamber of Deputies or the Brazilian Federal Senate. Each PEC was analyzed and compared to past decisions rendered by the STF to assess whether it represents a reaction.


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