A “sereníssima república” e o estado de exceção: quando o STF sucumbe aos argumentos de política

Abstract

The following paper aims to investigate the scenario where the Supremo Tribunal Federal (STF) exercises its constitutional jurisdiction. Therefore, we will evaluate the Ação Direta de Inconstitucionalidade (ADI) 4.029 judgment, which the Court has made a judicial review over the legislative process of the mandatory provisions that created a new institution in the public administration, which is called Instituto Chico Mendes de Preservação e Biodiversidade (ICMBio). This judgment analysis is conducted by three main theoretical framework. First, we will approximate Law and Literature, in order to demonstrate the contemporary warning announced by Machado de Assis, in a romance called “A Sereníssima República”. Then, we will study the State of Exception from Giorgio Agamben, which shows the scenario where the Court decision rests. In sequence, we will study the Law as Integrity from Ronald Dworkin, in order to evaluate how the Court's ratio decidendi is. In the end, after these theoretical frameworks, we will comprehend the Court's attitude.