O Superior Tribunal de Justiça em três atos: a política e os discursos na preparação, criação e consolidação da corte

Abstract

This research analyzes the construction of political discourses that involved the creation of the Superior Court of Justice [Superior Tribunal de Justiça – STJ]. The analysis takes place on the last three major moments of judicial reform, that is, during the political clashes that occurred at the time of the Constitutional Amendment nº 7 of 1977, during the National Constituent Assembly of 1987-88 and, finally, in the 1992 to 2004, the year in which the constitutional amendment nº 45 was promulgated. The historical evolution of the federal justice system and the Federal Supreme Court in the periods prior to the origin of the Superior Court of Justice in 1988, in order to study as did the elaboration of the ideational discourses of these actors with the other powers of the Republic and in the political struggles prior to the completion of the reforms. In continuation, and already constituted the STJ, it examines how this Court and its ministers used the ideational constructions to occupy and gain spaces of power next to the own members of the judiciary and in the debates with the other actors, seeking a greater legitimacy and importance in the national scenario. From the analysis of shorthand notes, primary documents and interviews, the research concluded that historically the political demands moderated the Judiciary to the wills and articulations of the other powers, especially to the Executive. Since the ideational or discursive constructions, over time, specifically protected the interests of the Supreme Court, when structural and organizational changes engendered at the 1987-88 Constitutional Assembly. This political game made possible the creation of the Superior Court of Justice [STJ], which took over much of the attributions and influence of the Supreme Court and launched a new actor who was much more attentive to political issues and articulated in the occupation of spaces and influence with the other powers and the society. Finally, it was also noted that although the efforts of the members of the STJ to obtain political gains they have not been able to undertake the institutional changes towards its most notorious respectability and importance as court responsible for the last word in the interpretation in the infraconstitutional law.