O supremo tribunal federal e sua atuação na (re)democratização do Brasil

Abstract

The Brazilian military regime (1964-1985) is one of the most striking phases in national history, the results of which still reverberate more than fifty years after its establishment. Democratic institutes and principles must be understood by their nature and scope. Studying the Brazilian historical context and the necessary discussions about the role of the Judiciary and the Supreme Court today is what is intended in this work, given the growing need to keep history alive, no matter how recent it may be, making it possible for us to consider the Brazilian state in the slightest, that is, to consider the current democracy based on an understanding of the place where it originated: the military regime, as well as the role of the Brazilian Supreme Court as guarantor of the Federal Constitution and its importance today to consolidate democracy. We will verify the decisions of the Supreme Court and its important role in ensuring the full exercise of democracy so that fundamental rights and guarantees can be considered within a truly practical scenario and not only the letter of the law. We will investigate the Amnesty Law in order to show how the military regime is present and how it influences social plans even after the reopening of democracy. In this way, the methodology to be used is based on the analysis and historical, social and legal contextualization of the proposed themes, based on doctrines and jurisprudence. The systematization of the works and the criticism based on the perspective brought by the theoretical framework will be fundamental to achieving the intended results, using authors capable of identifying them. This time, we will use the dialectic method, more specifically used in qualitative research, since it is intended through historical and legal analysis to find an answer to the questions of the proposed research.