Deliberação no STF: proposições para o aprimoramento da deliberação na fase decisional à luz das experiências da Colômbia, do Chile, dos Estados Unidos e do Reino Unido

Abstract

In this work were compared the deliberative practices regarding the decisional phase of deliberative procedings assumed in the Federal Supreme Court of Brazil, the Constitutional court of Colombia, the Constitutional Court of Chile, the Supreme Court of the United States of America and the Supreme Court of United kigndom, with the finality of elaborating propositions for the improvement of deliberation, the production of ratio decidendi and, consequently, the overcome of the functionality crises of the brazilian court. The choice of these foreign courts for comparative purposes comes from the assumption by them of common deliberative practices not implemented by the brazilian court, besides of peculiar and relevants contributions for the production of colegial decisions in wich there is discussion about reasons and results, favoring the production of ratio decidendi, considering the courts of Colombia and Chile; and the plenty contributions for the analisis of the practice of deliberation in the secret judgments and per curiam and intermediate decision models, regarding the Supreme Court of the United States of America and the Supreme Court of United kigndom. Through this research, it was possible to identify deliberative vices of the secret judgment and the per curiam and intermediate decision models, as wel as the importance for the development of deliberative performance of the question to laywers practice, through hearings; the circulation of decision drafts; and the reasons and results joined discussions. Finally, it was possible to elaborate an ideal deliberative proceeding proposition for the Federal Supreme Court of Brazil in light of the mencioned foreign expecriences.