Jurisdição constitucional de crise: análise e proposta hermenêuticas para a jurisdição constitucional extraordinária brasileira.

Abstract

This research is part of the area of concentration of Public Law and the line of research of Hermeneutics, Constitution and Rights of the Post-Graduate Program in Law of the University of Vale do Rio dos Sinos. It starts from the need for a theory of judicial decision proper to brazilian constitutional crisis. Thus, considering the constitutional crisis arising from the COVID-19's pandemic and the need for an Extraordinary Constitutional Jurisdiction, the objective is to understand the legitimacy of the judicial decision and reasoning of the Supremo Tribunal Federal in this context. In order to do so, it proceeds to the study, by the hermeneuticphenomenological method, of the theory of the judicial decision in the first chapter, of the brazilian constitutional history with a focus on judicial reasoning of the Supremo Tribunal Federal in the second chapter and of the contemporary brazilian scenario of constitutional degeneration and high polarization in politics in the third chapter. Thus, from the research carried out, a theory of Extraorary Constitutional Jurisprudence is proposed, supported by 6 criteria of interpretation and application of the brazilian Constitution. With the proposed theory, decisions of the brazilian Constitutional Court were analyzed, wich allowed to conclude for the legitimacy of the jurisprudence of the Supremo Tribunal Federal in facing the constitutional crisis of COVID-19.