Abstract
The present article offers an assessment of the last 10 years of public hearings in the Brazilian Supreme Federal Tribunal. It is argued that, during this period, the institute has been employed in an incoherent and inconsistent manner. The incoherency refers especially to the attempt to attribute the function of democratic legitimacy to the institute of public hearings. This association between public hearings and democracy can be criticized on the basis of normative reasons, with respect to the positive law, and conceptual reasons. On the other hand, the inconsistency refers to the unstandardized operationalization of the institute. This second conclusion will be argued with the help of a set of mostly quantitative analysis.
| Translated title of the contribution | A decade of public hearings in the supreme Federal Tribunal (2007-2017) |
|---|---|
| Original language | Portuguese |
| Pages (from-to) | 331-372 |
| Number of pages | 42 |
| Journal | Revista de Investigacoes Constitucionais |
| Volume | 5 |
| Issue number | 1 |
| DOIs | |
| State | Published - 1 Jan 2018 |
| Externally published | Yes |
Keywords
- Democratic legitimacy
- Epistemic justification
- Judicial review
- Public hearings
- Scientific knowledge