De que modo o supremo tribunal federal vem decidindo em matérias naturalmente de competência do legislativo: a fim de garantir a legitimidade democrática da atividade judicial

Abstract

The Federal Supreme Court (STF) plays a key role in interpreting the Federal Constitution of Brazil and protecting the fundamental rights of citizens. However, in its performance, the court is often faced with cases that involve matters naturally within the competence of the Legislative and Executive branches. These situations bring up the question of the democratic result of judicial activity and the need for a balance between the powers achieved by the constitution, the STF generated a series of cases that involved decisions on matters that would traditionally be the responsibility of the Legislative and Executive. These decisions cover themes of high political and social fidelity, such as public policies, psychological reforms, tax issues and collective rights. In this context, it is essential to examine how the STF has decided these matters to guarantee the democracy of its judicial activity. The objective of this study is to seek to analyze how the Federal Supreme Court has been deciding on matters naturally within the competence of the Legislative and Executive, in order to guarantee the democratic immunity of its decisions. To achieve this objective, decision-making criteria, legal grounds and precedents used by the court when making these decisions will be considered. The analysis will be carried out from a systematic review of the STF jurisprudence in the period in question, seeking to identify patterns and trends in the decisions handed down. Aspects such as the legal basis of decisions, the interpretation of the constitution and laws, respect for democratic principles and the balancing of interests in the game will be considered. Based on this analysis, I intend to evaluate the evolution of the STF's performance in guaranteeing the democratic demand for its decisions in matters that are naturally the responsibility of the Legislative and Executive branches. In addition, the possible effects of these decisions on the balance between the powers achieved by the constitution and on the functioning of the Brazilian democratic system will be explored. At the end of this study, it is expected to provide relevant insights (perceptions) on how the Federal Supreme Court has decided in matters of competence of the Legislative and Executive, confident for the academic and legal debate on the democratic manifestation of judicial activity. Understanding these decisions is essential for strengthening the democratic system and promoting harmony between the powers in Brazil.