A trajetória do amicus curiae no Direito contemporâneo: uma releitura de sua participação com o objetivo de aperfeiçoar sua contribuição nos tribunais

Abstract

Amicus curiae is a fundamental reality in Brazilian democracy. It opens the doors of the Judiciary to society participating in judicial proceedings. Its importance ranges from the ability to enrich judicial debates, by offering additional perspectives and expertise in cases that have relevance and social repercussion, to the point of aloowing a democratic opening of the Judiciary to society, enabling the participation of the most varied social segments in the construction of a fairer decision. Due to the high number of amici curiae that is observed in Brazilian judicial proceedings, especially in the Federal Supreme Court, and the lack of a more detailed rule on their participation, it appears that it is possible for the friend of the court to be more effective and that can more effectively influence judicial decisions. This thesis intends to demonstrate that the current normative conformation of the amicus curiae leaves room for a variety of interpretations of its actions, which help in the high number of participations, many of which are of no use to the process. Furthermore, it is also intended to develop the idea that, to maximize its contribution and make it more effective in the judicial proceddings, the amicus curiae must be reevaluated and rethought on several points, which include selection criteria and participation limitations, up to some types of intervention standards.