Abstract

BOCHENEK, Antônio César  and  DUSZCZAK, André Wasilewski. THE PROCESS OF APPOINTING JUSTICES TO THE SUPREME COURT: PROPOSALS FOR THE BRAZILIAN SYSTEM. Revista Internacional CONSINTER de Direito [online]. 2023, n.17, pp.559-580.  Epub Feb 28, 2024. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00017.26.

The present work makes a comparative analysis of the system of appointing Justices to the Brazilian Supreme Court and the Supreme Court, due to the similarities they have and the similar criticisms they currently receive for allowing an imbalance and excessive politicization in appointments. Through a deductive method, a survey of studies and legislation, proposals prepared by professors from renowned North American Universities and the final report of the Presidential Commission on the Supreme Court of the United States formed by an executive order issued by the President of the United States were analyzed with the aim of seeking suggestions for improving of the nomination process. Focusing on these elements, a hypothesis is presented of a limited term of office that maintains the current prerogatives of the Justices of the Brazilian Supreme Court, as well as the role of the Executive and Legislative branches in the appointment process, in addition ensuring greater balance and less politicization in the nomination made by the Executive branch.

Keywords : Process of appointing Justices; Brazilian Supreme Court; US Supreme Court; Court-Packing; Limited term..

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