O pensamento político liberal e a doutrina das questões políticas no STF: o caso da CPI do “apagão aéreo”

Abstract

The present work discusses the influence of liberal political thought in the understanding of the Supreme Court about the organization of powers and the politicalparliamentary minority rights trough an analysis of the position adopted in the case of the "Air blackout" parliamentary inquiry committee and by a short examination of the political questions doctrine’s development in the Court. Initially, the text focuses on the manifestation of the Minister Rapporteur trying to identify their arguments and disregard the main concepts used in the formulation of its thesis. Then, the work treats about the evolution of the political questions doctrine in the Brazilian Supreme Court trough a quick presentation of the Court’s historical trajectory on the subject. Finally, it focuses on how central authors of liberal thought face the issues raised making a comparison between the key concepts used by the Rapporteur of the case and aspects of political theory. According to the statements reviewed, we could see the influence of liberal ideas in the understanding of the Court about the institutional issue. Moreover, the speech of the judge grants the judiciary a role as arbiter and moderator in the relationship between powers and indicates some centrality to the protection of political-parliamentary minorities in the democratic system. In short, according to the observed manifestations about the understanding of the Supreme Court, the democratic system has significant liberal qualifications.