Poderes em conflito: o STF e a defesa da democracia durante o governo Bolsonaro (2019-2022)

Abstract

This study analyzes the role of the Supreme Federal Court (STF) in addressing institutional threats during Jair Bolsonaro's government (2019-2022). The research examines the rise of neoconstitutionalism, discussing how the emergence of this doctrine influenced the expansion of judicial power and solidified the Court’s role as the guardian of the Constitution. It explores how the STF responded to the Executive’s attacks on the democratic regime, utilizing its institutional structure consolidated throughout Brazil’s republican history and the constitutional control mechanisms established by the 1988 Constitution. The study highlights the use of authoritarian infralegalism as a governmental strategy to bypass the Legislative branch and weaken public policies, as well as the STF’s response in curbing such measures. Additionally, it analyzes the application of the militant democracy thesis as a theoretical foundation for the Court’s exceptional actions during this period, particularly in the “Fake News Inquiry”. The research demonstrates that while the STF played a crucial role in preserving constitutional order, its activist stance generated tensions with other branches of government and sparked debates about the limits of judicialization of politics and the separation of powers. This bibliographic study is based on an analysis of specialized literature, STF rulings, and journalistic reports. The study concludes that the Court’s actions during this period reinforced its role as a guarantor of democracy but also intensified institutional challenges related to its legitimacy and the balance of power among governmental branches.