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- Title
Além dos autos: análise dos fatores reais de poder no (des)cumprimento das decisões do STF.
- Authors
Castagna Lunardi, Fabrício
- Abstract
This article aims to investigate the structure of enforcement with decisions of the Brazilian Constitutional Court, the hypotheses of non-compliance, the way in which the government and political elites seek to violate, directly or indirectly, judicial decisions, reverse them or retaliate against Court, as well as the strategies used by it to obtain compliance. To achieve its objectives, the research is developed based on bibliographical research, with a transdisciplinary approach, which mainly involves the perspectives of law, political science and legal sociology, as well as qualitative analysis of high-profile cases judged by the Brazilian Constitutional Court. In the end, it is concluded that real power factors, such as the interests of political elites or the central government, are decisive for analyzing the decision-making process by the Brazilian Constitutional Court and its compliance when confronting political interests, a situation in which the authority and independence of the Supreme Court are tested, and the rule of law and democracy may be called into question.
- Subjects
LEGAL judgments; APPELLATE courts; CONSTITUTIONAL courts; NONCOMPLIANCE; DEMOCRACY
- Publication
Revista Brasileira de Estudos Politicos, 2023, Vol 127, Issue 2, p207
- ISSN
0034-7191
- Publication type
Article
- DOI
10.9732/2023.V127.820