BALIZAS DO CONTROLE DE CONSTITUCIONALIDADE PREVENTIVO: UMA ANÁLISE DO MANDADO DE SEGURANÇA 32.033 A PARTIR DO PROCEDIMENTALISMO DISCURSIVO

• Main Author: Thales Alessandro Dias Pereira
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Pernambuco 2020-09-01
• Series: Revista Acadêmica
• Subjects: proceduralism; constitutional jurisdiction; constitutionality control
• Online Access: https://periodicos.ufpe.br/revistas/ACADEMICA/article/view/242025/pdf

This article analyzes the position adopted by the Federal Supreme Court in Writ of Mandamus n. 32.033, which examined a petition for suspension of a bill and denied it, asserting that judicial intervention in the legislative process is only possible in hypotheses of violation of the procedural rules or contrariety to limitation clauses by a proposal for constitutional amendment. The theoretical framework of the analysis is discursive proceduralism. By this sight, the constitutional jurisdiction has the primary function of preserving the democratic conditions of legislative process. It is argued that the reasons for the denial of the petition are adequate to a procedural conception of constitutional jurisdiction, inasmuch as they enable the Federal Supreme Court to fulfill its role of guaranteeing the democratic process without incurring in excessive judicializationof political activity.