Abstract
This paper has the purpose to investigate how constitutionalism has been used abusively to cover decisions of the Brazilian Supreme Court with ideological motivations or that favor certain political actors, which is called the completion of judgments. To reach its scope, the research develops based on a critical-methodological line and from a methodology of historical-legal investigation, starting from the theoretical framework of abusive constitutionalism, based on cases judged by the Court from 2013 to 2018. In the end, it is concluded that, in several situations, constitutional law was used by the Supreme Court only to justify or give legitimacy to decisions, which have an eminently political nature, as well as that the completion of judgments could undermine the democratic reason for judicial action in matters of politics and erode the expectation that the Supreme Court is the guardian of constitutional order, the rule of law and democracy.
Keywords:
Brazilian Supreme Court; Constitutionalism abusive; Dependent judgment of so-and-so; Political crisis; Democracy