Countermajoritarianism in the case of the Clean Sheet Act - LC nº 135/10

Abstract

The present study aims to examine, in a descriptive and analytical approach, through the case of the Ficha Limpa Law, the relationship between the constitutional jurisdiction and the political community in the current Brazilian democratic conjuncture. It is, strictly speaking, a problematization of the effectiveness of citizenship with judicial interpretation of the Constitution, in regard to the countermajoritarian exercise of the Federal Supreme Court. For this, firstly, the trial of Complementary Law 135/2010 is presented, highlighting the main points of the ministers` discussions, and then some elements of the legitimacy of the Federal Supreme Court are developed, refers to the constitutional interpretation democratically constructed in conjunction with citizens, the Supreme being able to exercise a constitutional pedagogy.