A JUDICIALIZAÇÃO DA SIMETRIA

ANÁLISE EMPÍRICA DAS ADI PROPOSTAS EM FACE DAS CONSTITUIÇÕES ESTADUAIS NO PERÍODO 2007 A 2020

Abstract

The objective of this article is to analyze the most recent jurisprudence of the Brazilian Supreme Court (STF) regarding symmetry based on an institutionalist lens that characterizes the investigation of the judicialization of politics in Brazil. Methodologically, the study is characterized as empirical research that employs the theoretical framework of the judicialization of politics, popularized by Werneck Vianna (1999/2007), as well as the interpretation of symmetry proposed by Araújo (2009), to analyze 60 Direct Actions of Unconstitutionality (ADI) brought against state constitutional norms between the years 2007 and 2020. The study concludes that there is no significant change with regard to the symmetry thesis, which remains strong in the jurisprudence of the STF, as the majority of cases were decided in favor of the plaintiffs with almost no dissenting votes. Additionally, it was possible to identify the strategic use of symmetry as political opposition formulated by parties, the regionalization of the judicialization of symmetry in the North and Northeast regions, and a thematic concentration towards the moralization of regional politics.