Controle de constitucionalidade de juízos políticos: uma análise sobre o controle judicial de atos do legislativo e do executivo pelo Supremo Tribunal Federal

Abstract

This article aims to analyze the judicial review, by the Federal Supreme Court, over the acts of the Legislative and Executive Powers. Contemporary democratic tensions contributed to the establishment of a troubled context of institutional relations in the country, thus evidencing the intricate relationship that takes place between the three powers, embodied in the principle of separation of powers. Faced with a troubled political scenario, the number of issues brought before the Supreme Court increases, consequently expanding the Court's role in national politics, bringing, therefore, back to the political field, reflections on the limitation of action of the Federal Supreme Court over the other republican powers. Topics such as the judicialization of politics and judicial activism have always remained present in discussions of Brazilian politics, including analyzing, therefore, the incidence of these acts in the day-to-day of institutional relations and, seeking to establish the criteria used, if any, by the Federal Supreme Court in its performance, based on the analysis of the history of court decisions, bringing them conjuncturally, to the current circumstances of national democracy. The work of José Ribas Vieira, Margarida Maria Lacombe Camargo and Alexandre Garrido da Silva is adopted as a critical parameter. This qualitative research, with a legal-comprehensive bias, makes use of a bibliographical analysis of doctrinal, legislative and jurisprudential sources, with emphasis on STF decisions regarding acts of attribution and exclusive competence of the Legislative and Executive Powers. It concludes, by a criterion established by the Federal Supreme Court, on two maxims, the amplitude of the provisions of the norm and, above all, the weighing of the possible effects brought about by a decision in the constitutional order.