Banca de DEFESA: ISABELA ARAÚJO BARROSO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ISABELA ARAÚJO BARROSO
DATE: 26/07/2024
TIME: 17:00
LOCAL: Ambiente virtual ( https://us02web.zoom.us/j/89449176799?pwd=xiOmZ7IOtmHjM7quRn5Ajlg5DiaZ0o.1 )
TITLE:

The unnecessary transposition of the unconstitutional state of affairs and meaningfuk engagement to structural processes within the scope of the STF

KEY WORDS:

Structural process. Transposition of foreign institutes. Meaningful engagement unconstitutional state of affairs.

PAGES: 159
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The unconstitutional state of affairs, structural process institute created by the Constitutional Court of Colombia, was cited for the first time by the Federal Supreme Court in a decision given on the ADPF 347/DF, and from now on, it is mentioned by the Court on structural processes. Not rarely, the conduct of structural processes by the Federal Supreme Court is criticized based on the decisions given on the ADPF 45 and on ADPF 347/DF. Recently, the Federal Supreme Court cited the meaningful engagement, created by the Constitutional Court of South Africa, as an alternative to the Colombian institute, which is a target of criticism for violating the principle of separation of powers. Given this scenario, the general objective of this work is to ascertain if the unconstitutional state of affairs and the meaningful engagement could be transposed to Brazilian law and if this transposition is really necessary. Observing that the decisions of the ADPF 45 and the ADPF 347/DF were given 20 and 9 years ago, respectively, the hypothesis of this work is the current adoption of a procedure by the Federal Supreme Court capable of safeguarding the federative pact within the scope of structural processes and the unnecessary applications of foreign institutes in Brazil. To investigate this hypothesis, it's important to talk briefly about the political organization and the Judicial Power of South Africa and Colombia to identify the existence of elements that could justify the transposition of the structural processes institutes to Brazil or the impossibility of the transposition. The general aspects of the structural processes and specifics of the unconstitutional state of affairs and the meaningful engagement will be studied, including paradigm decisions given on structural processes in Colombia and South Africa, aiming to analyze the evolution of the institutes over time, as well as the decisions that the Federal Supreme Court mentions the institutes. Beyond this decisions, where the federal supreme court cites the institutes, the current conduction on structural processes will be studied through the analysis of the Theme 1234 of General Repercussion, which is about to be taken to judgment in the plenary, and the Theme 698, that was recently judged. The research will be bibliographic, descriptive and exemplary; as for the approach, it will be mostly qualitative ad; as far the nature is concerned, it will be theoretical. The unconstitutional state of affairs cannot be transposed into Brazilian law, as it is an institution that violates the separation of powers, being incongruous with the art. 60, § 4º, III, of the Federal Constitution. Although the meaningful engagement can be transposed, the Federal Supreme Court adopts in structural processes, such as Themes 1234, a procedure suitable for resolving structural problems by safeguarding the separation of powers, so that there is no need for the Federal Supreme Court to adopt a foreign institute. Yet, it is true that there’s not a homogeneity on the conduction of the structural processes within the scope of the Federal Supreme Court, causing the adoption of unsuitable procedures in some cases, a problem that could be settled with the regulamentation of the procedure to be adopted by the Federal Supreme Court on structural processes.

COMMITTEE MEMBERS:
Presidente - 1693362 - ANA BEATRIZ FERREIRA REBELLO PRESGRAVE
Externa à Instituição - CHRISTINE OLIVEIRA PETER DA SILVA
Interno - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO