Do Controle de Constitucionalidade: O equilíbrio da seletividade do STF sobre a contenção do controle difuso

Abstract

Judicial review is one of the main functions of the Federal Supreme Court (STF) in Brazil. In this context, this scientific article proposes to analyze the selectivity of the STF in relation to the diffuse type of judicial review. The article is based on the premise that diffuse review, by allowing any judge or court to declare a law act as unconstitutional, is one of the main ways to guarantee the effectiveness of the Constitution in specific cases. However, the selectivity of the Federal Supreme Court in relation to diffuse form of judicial review can limit its effectiveness, since not all cases reach the Supreme Court. To analyze this issue, this article examines recent cases of diffuse review judged by the STF and identifies the main criteria used by ministers to decide which cases should be taken to the plenary of the Court. Among these criteria, the social and political relevance of the issue, the existence of general repercussions and the importance of the matter for the interpretation of the Constitution stand out. In the end, this research concludes that the selectivity of the STF in relation to the diffuse formo f judicial review is necessary to guarantee the efficiency of the Court and avoid the overload of processes. However, it is important that this selectivity be balanced, in order to guarantee that important cases for the application of the Constitution are properly analyzed by the Supreme Court.