THE HERMENEUTIC RING OF GYGES OF THE FEDERAL SUPREME COURT : A Search for Its Expression Over the Past Three Years

• DOI: https://doi.org/10.22533/at.ed.2216622608042

• Palavras-chave: Federal Supreme Court. Alexy. Dworkin. Neoconstitutionalism. Judicial Activism.

• Keywords: Federal Supreme Court. Alexy. Dworkin. Neoconstitutionalism. Judicial Activism.

• Abstract:

  Set within the context of neoconstitutionalism and the intensification of the judicialization of politics, this study investigates whether the Court consistently adopts the interpretive methods of Ronald Dworkin and Robert Alexy or whether such references are used predominantly as argumentative reinforcement. To this end, a quantitative-qualitative methodology is employed, involving a survey and analysis of decisions rendered by the Full Court and the Panels of the STF over the past three years that expressly mention these authors. The results show that, although frequent, references to integrity and proportionality rarely translate into effective adherence to the respective methodological frameworks. The predominant use of these theories is fragmentary and selective, disconnected from their underlying requirements. It is concluded that such a practice expands the scope of judicial discretion, compromises the predictability of the law, and undermines the democratic legitimacy of constitutional jurisdiction, bringing the judge closer to the symbolic figure of the bearer of the Ring of Gyges, immune to the requirement of coherent public justification.