SUPREME FEDERAL COURT AND CONSTITUTIONAL CHANGE

Abstract

This article discusses the constitutional change in Brazil based on the formation of an agenda and the decision-making process of the Federal Supreme Court (STF) Direct Actions of Unconstitutionality (ADIs) against constitutional amendments. The adopted methodology was the content analysis of the initial petitions and decisions (when present) in 115 ADIs, filed in court between 1988 and 2018, aiming to answer three descriptive questions: 1) which amendments were questioned, and which aspects of these amendments were contested; 2) which actors sought to limit and modulate constitutional change; 3) what answers did the court provide. The results indicate that the Supreme Court has participated significantly in the constitutional change process, interfering in legislative production. In 20% of the times when it was called upon to position itself, in ADIs, concerning Constitution amendments, the Court intervened, suspending provision effects or modulating legislative changes through the adoption of a Constitution interpretation. These results point to an active court regarding the use of power to control amendments. The data also suggest that the main entities benefited by this control mechanism and the court reaction during the analyzed period were public Justice career professional associations.

Key words:
Brazilian Federal Supreme Court; Constitutional change; Judicial review; Constitutional amendments; Judicialization