Abstract

FACCHINI NETO, Eugênio  and  VIEIRA, Guilherme Schoeninger. JUDICIAL CONTROL OVER POLITICAL ACTS: THE POLITICAL QUESTIONS DOCTRINE AND THE APPOINTMENT OF MINISTER OF STATE. THE BRAZILIAN CASE. Revista Internacional CONSINTER de Direito [online]. 2023, n.17, pp.415-436.  Epub Feb 28, 2024. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00017.19.

This study analyzes the limits of judicial control over political acts. In a limited way, it examines, based on the political questions doctrine, the judicial decisions of the Federal Supreme Court that suspended appointments of Minister of State, in the period between 1988 and 2020. Thus, it seeks to answer the following problem: from the perspective of the political questions doctrine, at what point are the limits of the Supreme Court's judicial decisions that suspend Minister of State appointments? This research is divided into two parts. The first part summarizes the main jurisprudential and doctrinal understandings about the doctrine of political questions in both the American and Brazilian legal systems. In the second part, the appointment of Minister of State in the Brazilian constitutional order of 1988 is addressed, with emphasis on the dogmatics of Brazilian Administrative Law and the jurisprudence of the STF. The hypothesis raised, which was confirmed as a conclusion, is that appointments of Ministers of State, being of a strictly political nature, are judicially unreviewable acts, except with regard to the formal requirements provided for in the legal system. The dialectical method is used plus bibliographical and jurisprudential research carried out with support in the Brazilian legal system and in foreign legal systems, in an interdisciplinary dialogue.

Keywords : judicial control; political acts; political questions doctrine; Minister of State.

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