THE SUPREME THEATRE: HOW INDIVIDUALISM AND THE EXTREME PUBLICITY ARE UNDERMINING THE DECISION-MAKING PROCESS OF THE SUPREMO TRIBUNAL FEDERAL

Abstract

With the enactment of the 1988 Brazilian Federal Constitution, the Brazilian constitutional system witnessed a great expansion of the powers of the Judiciary, along with a considerable growth of the influence of the Supremo Tribunal Federal (STF) in the everyday life. Not only were such changes brought by crucial reforms, but also by the change of the social-political context. Such a context, characterized by the desire of re-democratization of the Country, led to a gradual opening of the Tribunal to the society. So far, one of the major connection tools between the Court and the public opinion has been the peculiar decision-making process of the STF. If on the one hand such process seems to have favoured transparency and participation of the society to the life of the Tribunal, on the other hand it has created not few concerns, namely with regard the high individualism and the extreme publicity that both govern the decision-making process. Indeed, the objective of the present work is to inquire the extent to which these issues affect the current decisional process of the Supremo, also with the aim to find how further negative consequences might be overcame. The research adopts an in-depth qualitative analysis of the relevant doctrine on the issues, with a small comparative glimpse on other constitutional experiences. The paper suggests the urgent need to reform the current mechanism of deliberation of the Supremo Tribunal Federal, with the aim of reducing the abovementioned disproportionate individualism and excessive transparency.