Deliberação constitucional no Brasil: Sistemas possíveis

Abstract

It is an academic work whose objective is to identify the deliberative modalities applied by the Supreme Court during judicial review, based on the theories of constitutional deliberation, particularly systematized by André Rufino do Vale, Conrado Hubner Mendes, and Virgílio Afonso da Silva, as well as the analysis of the Internal Rules of the Supreme Court. This work briefly explores the theoretical debates regarding the legitimacy of Constitutional Control by Courts, as well as the positions of substantive and procedural theorists. Subsequently, the concept of deliberation, its modalities, phases, and elements are presented. With this systematized theoretical framework, it was possible to indicate, based on the Internal Rules of the Supreme Court, the Court's orientation during its internal activity in relation to the theories of deliberation formulated by the aforementioned authors.