Banca de DEFESA: Bruno Batista de Carvalho Luz

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Bruno Batista de Carvalho Luz
DATE: 31/05/2023
TIME: 14:00
LOCAL: PPGA
TITLE:

Legitimacy of constitutional courts in crisis contexts: from jurisdiction boundary expansion to managing disruption practices

KEY WORDS:

Legitimacy; institutionalized organizations; crises; constitutional courts; administration of justice.

PAGES: 200
BIG AREA: Ciências Sociais Aplicadas
AREA: Administração
SUMMARY:

The general objective of this thesis was to analyze how social tensions arising from crisis contexts influence the legitimacy of constitutional courts. In this sense, it is argued that the performance of these organizations, when demanded for greater prominence, can erode their authority. This is the case of jurisdiction boundary expansion, which may result in greater social clashes and judgments that weaken the institutional position of these organizations. In moments of crisis, the prominence and the risk of expansion and its dysfunctional consequences increase. This attrition is caused by the conversion of the factual crisis into a discursive crisis. This may require the need for disruption management strategies as an effort to moderate the loss of institutional capital of the court and the game of interactions in the field. The paper, therefore, focuses on constitutional courts as organizations immersed in society, indicating risks associated with the actions taken, the discourses delivered, social support and societal crisis. The specific objectives of this study were developed in Chapters 2 to 5, structured in the form of four individual and interdependent articles, preceded by a general and integrative introduction presented in Chapter 1 and succeeded by Chapter 6, in which the general conclusions and recommendations arising from the research are addressed. Chapter 2, theoretical in nature, characterized constitutional courts as institutionalized organizations and the conditions to their legitimacy. Chapter 3, of theoretical nature, analyzed how social tensions arising from crisis contexts influence the legitimacy of constitutional courts. Chapter 4, empirical in nature, analyzed how jurisdiction boundary expansion influenced the authority of the Supreme Federal Court of Brazil (STF) in the context of the coronavirus crisis in Brazil in the period from 2020 to 2022. Chapter 5, empirical in nature, investigated how the STF's authority crisis was influenced by moderation mechanisms in the context of the coronavirus crisis in Brazil in the period from 2020 to 2022. Documentary data from legal sources, debates, exhibits, institutional portals, books, and media materials were used. Interviews with representatives of various categories of society actors were also used. The results pointed to: (i) the design of a field of visibility and criticism around the legitimacy of the STF from the identification of three frames: offensive, moderating and defensive and (ii) jurisdiction boundary expansion as an interpretative phenomenon delineated in the field from legal, normative and responsive logics; (iii) legitimacy dissonance as a dysfunction of judicial expansion that, by framing actions and their social repercussions, weakens the authority of the courts through the attrition of institutional capital at the levels of legal actors, legal organization, legal field and legality and; (iv) the management of rupture as a set of strategies to moderate dissonances of legitimacy based on segmented tactics in discursive, symbolic, relational and procedural modalities. The results contribute to the promotion of interdisciplinary dialogue between the fields of law, political science, organizational studies and administration of justice insofar as they deepen issues related to the political-discursive nature of the problem of legitimacy of institutionalized organizations.

BANKING MEMBERS:
Interno - 2518430 - ADALMIR DE OLIVEIRA GOMES
Presidente - 962.557.499-91 - EDSON RONALDO GUARIDO FILHO - UnB
Externo à Instituição - MARIO PROCOPIUCK - PUCPR
Externo à Instituição - SAMIR ADAMOGLU DE OLIVEIRA - UFPB
Interna - 198.458.206-20 - SUZANA BRAGA RODRIGUES - BRADFORD