THE RAPPORTEUR GIVES VOICE TO THE SUPREME COURT? A REPLY TO ALMEIDA AND BOGOSSIAN

Revista de Estudos Institucionais

Virgílio Afonso da Silva¹ 

[1] Universidade de São Paulo (USP);

关键词: Supremo Tribunal Federal;    Ministro Relator;    Deliberação;   

DOI  :  10.21783/rei.v2i2.81

来源: DOAJ

【 摘 要 】

In a recent article published in this journal, Danilo dos Santos Almeida e Andre Martins Bogossian advanced an interesting thesis on the role of the judge rapporteur as the one who delivers the reasons for a given decision in the Brazilian Supreme Court. To a great extent, their article establishes a dialogue with an article I myself published in this journal before. In this short reply, I aim to show that, despite their good arguments, they overrate the relevance of the written opinion of the judge rapporteur, at least as far as the most important Supreme Court decisions are concerned. Although the written opinion of the judge rapporteur indeed delivers the reasons for deciding in ordinary and routine decisions, since in those decisions the rapporteur's opinion is often the only written document, this is not necessarily true in the most important decisions of the Brazilian Supreme Court.

【 授权许可】

Unknown