Estrutura e atribuições da Suprema Corte brasileira: uma análise crítica à luz da história constitucional e do direito comparado

Abstract

The purpose of this study is to analyze the composition and criteria in the choice of ministers of the Federal Supreme Court. In this sense, the members' composition will be analyzed in a historical and juridical way, in order to select a composition project that obeys criteria of democracy and human rights. Thus, through a bibliographical and legislative review we aimed to find the best positions and theories about the court. In this context, it was possible to reach the conclusion that the presidential nomination may aim at political bargaining, judicial decisions with tendencies to the government project, as well as bargains with those indicated in the STF, so it is noted that the Federal Supreme Court should have the function of keeping and to apply the Constitution, to decide between the constitutional and the unconstitutional, abstaining from the influence of political and economic elements, which may contaminate the logic of legality, which is why a political indication model with amplification of the actors in the process is suggested of investiture of the STF Ministers.