Verfassungsblog (Nov 2024)

Taming the Brazilian Supreme Court - Public Concerns and the Constitutional Implications of Weakening Judicial Review in Brazil

  • Bruno Santos Cunha,
  • André Borges Uliano

DOI
https://doi.org/10.59704/9b1c61a9577c8e19
Journal volume & issue
no. 2366-7044

Abstract

Read online

The recent Proposal for Constitutional Amendment No. 28/2024 weakens constitutional review by allowing Congress to suspend certain decisions of the Supreme Federal Court. This article identifies several exaggerated and premature criticisms present in the public debate. Additionally, it explores how models of weak judicial review, successfully integrated by numerous established democracies, may foster constitutional dialogues and collaboration, potentially reducing counter-majoritarian frictions and enhancing democratic principles.

Keywords