O processo decisório e deliberativo da Corte Constitucional da Colômbiaum caminho para o STF?

Resumo

This term paper aimed at making a comparative analysis between the decision-making and deliberative procedures of two courts: The Brazilian Federal Supreme Court (“STF”) and the Colombian Constitutional Court (“CCC”) in order to answer the question: “Does the CCC have elements in its decision-making and deliberative process that can be incorporated by the STF? If so, which ones?”. Therefore, this work evaluated a possible reform in the institutional design of the STF in order to think concretely about changes that could improve its deliberation quality (which is a key factor for a constitutional court’s legitimacy). In order to achieve this goal, some categories of critical elements of the decision-making and deliberative procedures were developed through the study of the rules applied to both courts and the bibliography on this subject: (i) prior distribution of the rapporteur’s vote and the relation between justices and rapporteur; (ii) quorum for deliberation and decision; (iii) order of discussion and voting; (iv) duration of the plenary session and the vote of each justice; (v) publicity of the plenary session; and (vi) the elaboration of the written decision and the availability of divergent and competing votes. Through such categories, there were identified elements that could be useful to reform the current institutional structure of the STF or, at least, to rethink it. The following decision-making and deliberative elements were positively highlighted during this research: the prior distribution of the rapporteur’s vote and the relation between justices and rapporteurs, the order of discussion and voting, the duration of the plenary session and the elaboration and availability of divergent and concurrent votes. Therefore, it was possible to offer suggestions and criticisms that can be made to the institutional design of both courts regarding their deliberation and decision-making.

Ficha do documento

Tipo

Outro

Ano

2020

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/29758

Palavras-chave

Brazilian Federal Supreme CourtColombian Constitutional CourtDeliberationDecision-making procedureInstitutional designInstitutional transplantSupremo Tribunal FederalCorte Constitucional da ColômbiaDeliberaçãoProcesso decisórioDesenho institucionalTransplante institucionalCortes constitucionaisDireito ComparadoDireito ConstitucionalLegitimidade democráticaSTFDireitoBrasil. Supremo Tribunal FederalTribunais constitucionais - ColômbiaDireito constitucional - BrasilDireito constitucional - Colômbia