O Amicus Curiae no ordenamento jurídico brasileiro: uma análise sobre a influência da intervenção do instituto no julgamento da ADPF no 54

Abstract

This paper aims to analyze whether the amicus curiae can really influence a court decision. Thus, with a view to answering this issue, the influence exercised by the amicus curiae on the votes of the Justices for the judgment of ADPF No. 54 was specifically analyzed. an entire historical context of the institute's origins in order to understand its evolution from the perspective of comparative law. Subsequently, the trajectory of the amicus curiae in the Brazilian legal system was analyzed, identifying its origins in ordinary legislation up to Law No. 13.105, of March 16, 2015, which instituted the new Brazilian Civil Procedure Code and affirmed it once and for all the amicus curiae institute as we know it today. Furthermore, after demonstrating its infraconstitutional trajectory, the procedure for admitting the amicus curiae provided for both in the 2015 Code of Civil Procedure and in law 9,868/99 (ADI) and in Law No. 9,882/99 (ADPF) was evidenced. Then, there was an exposition of the main doctrinal and jurisprudential definitions about the legal nature of the amicus curiae so that one could understand the issue of its institutional interest and (im)partiality of its performance in the processes. Finally, an analysis was carried out on each of the votes of the Justices in the judgment of ADPF No. 54 so that it could be verified whether, in fact, the amicus curiae influenced or not the votes of the Justices for them to judge on the merits of the action. Regarding the methodology used in this work, it can be said that the hypothetical-deductive method was applied. The research was exploratory and descriptive, based on bibliographic and documental analysis as well as the entire content of the decision of ADPF No. 54 so that it was possible to reach the intended conclusion.