O amicus curiae no direito brasileiro e a abertura interpretativa do sistema jurídico: da neutralidade à influência no processo decisório

Abstract

This research analyzes the role of amicus curiae in paternal land, emphasizing his work entered in the concentrated control of constitutionality before the Supreme Court as a means of concretizing the theory of Peter Häberle widening circle of interpreters of the Law Major. Allied to this, emphasizes the role today of the once called "friend of the curia," a bias in advocacy, demonstrating the influence of the lawsuits that before the Supreme Court, and the resonance of this polarization in the constitutional process. This trend is carried out a survey based on literature review and case law about the historical evolution of the institute, emphasizing paradigmatic cases in which amicus reiterated importance in today's scenario, not only by information bias, but because of the evident influence on decision making in objective processes.