出版社:Escola de Direito de São Paulo da Fundação Getulio Vargas
摘要:This paper aims to analyze the relationship between the Judicial and Legislative branches. It analyzes the reasons and the proposals from the Parliament to restrict the Supreme Court’s role in judicial review. It also presents the academic debate between Ronald Dworkin and Jeremy Waldron, renowned legal scholars who significantly influenced the discussion about this theme. At the end, it presents some considerations about the PEC 33/2011 in order to evaluate if this proposal to amend Brazilian Constitution is absurd, reasonable or beneficial for regarding the relationship between the Judicial and Legislative branches.
关键词:Judicial review;PEC 33/2011;Supreme Court’s supremacy;Dworkin;Waldron;Brazil;Controle judicial da constitucionalidade;PEC n. 33/2011;supremacia do tribunal;Dworkin;Waldron;Brasil