Abstract
The following article aims to analyze the emblematic figure of the amici curiae in the United States of America and in Brazil. To do so, initially, there will be a historical study of the third party, in order to contextualize it in today's law, elaborating a concept of the figure. Next, empirical and statistical studies in the United States will be examined. On the other hand, in Brazil, it will be explored the historical origins of the appearance of amicus curiae in the judicial review proceedings before the Supreme Court. Also, it will be studied the sui generis cases of the third party appearances in Brazilian legal system. Finally, attempts will be made to answer the question that baptizes the present paper, that is, does the amicus curiae legitimate private interests or is it a democratizing element of the constitutional process?
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