HIGHER COURTS: INVESTMENT, COMPETENCES AND THE JUDICIAL ACTIVISM OF THE SUPREME FEDERAL COURT IN RELATION TO THE SUPREME NORTH AMERICAN COURT
DOI:
https://doi.org/10.17564/2316-381X.2022v9n1p78-92Abstract
The theme of this article is to compare the forms of investiture, competencies and judicial activism of the Supreme Court in relation to the North American Supreme Court. The following problem was investigated: "Does Brazil benefit from the adopted forms of investiture and jurisdiction? Is there judicial activism? The following hypothesis was hypothesized: "There are several similarities in terms of competencies and investments, as well as the existence of judicial activism practiced in both countries". The general objective is to "unravel the similarities between the Higher Courts". The specific objectives are: "to list the STF's investments with the USA"; "to analyze the STF's competencies", "to report on the need for judicial activism for legal security in the country". This work is important for an operator of Law due to the need to understand the American techniques adopted by Brazil, with the intention of, perhaps one day, becoming a reference in this matter worldwide; for science, it is relevant for seeking to expose and analyze the flaws and successes of such adoptions; it adds to society by being able to show to readers, even briefly, how similar our country is to the USA. This is a theoretical qualitative research lasting six months.