"AN OPINION JUST LIKE ANY OTHER"? THE ROLE OF THE JUSTICE RAPPORTEUR IN DELIBERATION IN BRAZILIAN SUPREME COURT

Revista de Estudos Institucionais

Virgílio Afonso da Silva¹ 

[1] Universidade de São Paulo;

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

DOI  :  10.21783/rei.v1i1.21

来源: DOAJ

【 摘 要 】

The role of the Justice rapporteur in the Brazilian Supreme Court still has not been subject of great scholarly attention. The most widespread view is that the Justice rapporteur has a prominent role, because he or she is the Justice who most intensively studies the case. Statistics show that the other ten Justices tend to follow the written opinion of the Justice rapporteur in almost every case. Beyond the numbers, however, the actual influence of the rapporteur's opinion on the deliberation is unclear when the case attracts more attention of the legal community, as well as of the society as a whole and the media. Inasmuch in those cases – contrary to what usually occurs – every Justice uses to bring a written opinion to the deliberation session, it is possible for the role and the influence of the Justice rapporteur to be different than it usually is. This article presents parts of the results of a broader research aiming at grasping what the Justices of the Brazilian Supreme Court themselves think of the deliberation and decision-making process within that court.

【 授权许可】

Unknown