Banca de DEFESA: VITOR FERNANDO GONÇALVES CORDULA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : VITOR FERNANDO GONÇALVES CORDULA
DATE: 16/12/2025
TIME: 10:00
LOCAL: sala do Núcleo de Direito Setorial e Regulatório da Faculdade de Direito da UnB
TITLE:

The Regulatory Role of the Chief Justice of the Supreme Federal Court: Is it appropriate to discuss a regulatory function at the highest level of the Judiciary?

KEY WORDS:

Regulation; Regulatory State; Supreme Federal Court; Chief Justice.

PAGES: 175
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

As one might expect, the emergence of the so-called Regulatory State paradigm has brought about several transformations in the design and functioning of the various structures that make up the State. As a result of these transformations, numerous studies seek to explain and highlight the consequences they have on the configuration of each of the branches of government, their arrangement among themselves, and the way they are exercised. Clearly, with each new paradigm of state model, the very conception of what Law is (and what its function is) and the legal phenomenon itself changes. Therefore, the transformations are felt not only within the Legislative Branch – given the redefinition of the principle of legality and the way in which parliament now legislates – and the Executive Branch – with the emergence of autonomous structures, equally imbued with the institutional mission of administering the laws – but also in the scope of the Judiciary. In other words, the way in which jurisdiction is exercised is also influenced by the new format and the new functions assigned to the legal system. Obviously, since the legal phenomenon is the object of the judge's cognition, transformations of the former directly affect the way the latter acts. Because of these specifically identified transformations in the activity that was previously reduced to the act of stating the law, transformations occur in the way the bodies that make up the Judiciary are administered. In other words, given the change in the way law and the legal phenomenon are understood, and the consequent transformation in the way jurisdiction is exercised, there is a need to promote changes in the structure and functioning of jurisdictional bodies. It is in this context that the question arises regarding the transformations brought about by the advent of the Regulatory State, specifically in the management of a Constitutional Court. What transformations does this new model bring to the activities of the body responsible for managing the operation and defining the structure of the Supreme Court? To put it more clearly: what changes have the Regulatory State been making in the activity of the Chief Justice of the Supreme Federal Court? The initial hypothesis is that, with the insertion, at the constitutional level, of the new paradigm of the Regulatory State specifically within the scope of the Judiciary – which occurred with Constitutional Amendment nº 45 of 2004 – the normative and conjunctural bases necessary for the emergence of what could be called a regulatory function of the Chief Justice of the Supreme Federal Court were introduced. This explains the formulation of the question that gives the work its title: does the Chief Justice of the Supreme Federal Court have a regulatory role? Is it appropriate to discuss regulatory function at the highest level of the Judiciary? It is understood that the question becomes relevant when one verifies, from the analysis of the attributions entrusted by the Internal Regulations of the STF to the Chief Justice, that this apex instance has attributions of multiple natures and has been undergoing structural transformations, performing an increasingly broad and multifaceted range of activities that, strictly speaking, do not even find correspondence in the regulations that would be applicable to it. This scenario seems to point to the emergence of a new function: that of guardian of the necessary structural coupling entrusted to the Court, as a linkage institution capable of promoting adequate intersystemic integration between law, politics, economics, and other social spheres. This integration should be based on a transversal and responsive approach, but one that preserves the respective autonomous norms of the subsystems, guided by a reflective rationality, acting under the supervision of the current reality upon which the consequences of the decisions taken should fall.

COMMITTEE MEMBERS:
Interno - 1996968 - HENRIQUE ARAUJO COSTA
Presidente - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Interno - 1549538 - OTHON DE AZEVEDO LOPES
Externo à Instituição - VICTOR OLIVEIRA FERNANDES - IDP