O Supremo Tribunal Federal e a defesa responsiva da democracia

Abstract

The objective of this research is to map and analyze the institutional responses formulated by the Federal Supreme Court (STF) in response to the anti-democratic manifestations that occurred on January 8, 2023, investigating whether the Court's judicial actions represent a new jurisprudential paradigm and whether these actions can be classified as constitutionally responsive. The hypothesis is that the STF is developing a new model for defending democratic institutions through the application of the Law for the Defense of the Democratic State of Law, thereby establishing an unprecedented paradigm in its jurisprudential stance. To test this hypothesis, the study reconstructs the moments of institutional stress faced by Brazilian institutions during Jair Bolsonaro’s administration, situating the STF's institutional response within a context of tension between the democratic decline in the national scenario and global trends of autocratization. Additionally, the positions of the other branches of the Brazilian government regarding the events of January 8 are presented and analyzed, using official documents as primary sources for evaluating institutional responses. Regarding the central object, the research includes an analysis of criminal case n.º 1060 — the first ruling published by the STF involving the conviction of an individual for participation in anti-democratic acts. This study is linked to a broader debate in the literature on new models of action by Constitutional Courts and Supreme Courts, addressing the preservation of constitutional democracies in times of crisis. In this context, it is examined whether the STF has adopted responsive jurisprudence, contributing to this new phase of defending democratic institutions. The methodology adopted involves a bibliographic, documentary, and legal review, with a hypothetical-inductive approach and predominantly qualitative data, allowing for a robust and in-depth analysis of the STF’s actions in a critical context for Brazilian democracy.