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The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.

Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions

The papers are subjected to a blind peer review process.

 

Institutional Dialogues, Last Word Theory and Constitutional Supremacy in the Brazilian Supreme Court’s Dialogical Judicial Activism

Authors

Abstract

This research examines the development of the last word theory in Brazilian Supreme Court decisions amid the judicialization of political issues from other branches.
It explores institutional dialogues, separation of powers, and democratic principles within the rule of law to analyze the Supreme Court’s activist actions and their impact on the relationship with the legislative and executive branches. The goal is to determine whether the final word effectively resolves social conflicts through proper constitutional interpretation. A qualitative analysis was conducted using the deductive method.

Keywords:

Judicial activism, institutional dialogues, Constitutional supremacy, Federal Court of Justice, last word theory.

Author Biographies

Emerson Ademir Borges de Oliveira, Universidade de Marília

Lawyer. D. in Law from the University of São Paulo. Professor at the Law School of the University of Marília.

Lidiana Costa de Sousa Trovão, Universidade Estadual do Maranh˜ão

Lawyer. D. and Master’s Degree in Law from the Postgraduate Program in Law of the University of Marília. Post-doctorate in progress at the University of Marília.

Lara Guimarães Piacenti, Universidade de Marília

Lawyer. Master’s Degree in Law from the Postgraduate Program in Law at the University of Marília