Lawyer Vitor Marques launched, this Friday (13), the book “What in Brazil: protector of the Constitution or source of exception?”, by Editora Contracurrent, in São Paulo.
Authorities were present at the launch, including the Minister of Agrarian Development, Paulo Teixeira, the executive secretary of the Ministry of Labor, Chico Macena, and the judge of the Federal Regional Court of the 3rd Region (TRF-3) Marcelo Vieira.
The work addresses the historical and legal construction of the evolution of the understanding of constitutionalism after the Second World War, using England, France and the United States as references.
“The purpose of the book is to collaborate with reflections on the Federal Supreme Court model that we have and can improve in Brazil and on the interaction between the Judiciary and Legislature, which I think is a challenge at this moment in history”, says Marques to CNN.
During the chapters, the history and judicial practice of Brazilian review are shown, with an analysis of the conflict between constitutionality control and the practice of exceptional measures.
With this, Marques seeks to identify the complexities, attributions and difficulties of protecting the Constitution, which has the Supreme Court as its main protector.
The author also defends a reflection on changing the structure of constitutional control, adopting a model close to that of Europe.
“The European model proposes that there be a separation of functions between trials of specific cases in the courts of cassation, so-called, and the constitutional courts that only analyze abstract constitutional issues”, he explains.
In his analysis, this change would improve the STF, which today does both jobs.
“Brazilians have a culture of judicializing matters and this volume of cases only reaches the Supreme Court due to this characteristic that exists today. I think that sharing the functions would improve and guarantee a distance, perhaps even from the Supreme Court, in relation to society, honoring the nature of the Supreme Court, which is to be a power against the majority”, concludes Marques.
