A (in)suscetibilidade de controle judicial pelo Supremo Tribunal Federal nos processos de impeachment de presidente da república

Abstract

The issue of judicial control in the impeachment processes of the president of the republic is a centenary debate, with transnational problematizations. However, the theoretical-dogmatic discussion, at the national level, became more pronounced in the episode of impeachment of former President Dilma, especially in the absence of consensus on the commission of the crime of responsibility, hovering narratives that there was institutional coup. Given this context, we sought in this work to recapitulate, through literature review, the legal nature of the institute, as well as the possibility of judicial control in that process, adopting as an axis the transnational dimension United Kingdom, United States of America and Brazil. After that, the theoretical premises of Marcelo Neves were adopted when the proposal of his Symbolic Constitutionalization model to analyze the hypertrophic-symbolic action of the impediment allied to the context of peripheral modernity where the Brazilian Supreme Court is located, being made parallel with the borders of judicial control and the action of the body in the impeachment of Dilma. Considering the theoretical model, the theoretical-methodological aspect used was the legal-sociological, with adoption of dialectical reasoning and use of the generic descriptive type. It is understood that the proposal of judicial interference is symbolic, being necessary other ways of reflection that consider the variables of the theoretical model worked.