THE AUTOPHAGY IN THE FEDERAL SUPREME COURT

AN ANALISYS ABOUT THE RECLAMAÇÃO 31.965 PARANÁ ACORDING TO JEAN BODIN’S THEORY OF SOVEREIGNTY

Abstract

The present article talks about the phenomenon of autophagy in the Federal Supreme Court which consists in the cassation of a judge’s decision by one of his pairs. Shows that the reasons that promotes such actions share the same roots of the judicial activism, which is prioritize the personal conviction upon the constitutional norms criteria, which are the expression of the sovereign will, which must be protected. In order to show the importance of the sovereignty to the organization of the state, brings to the light the theory of Jean Bodin, French jurist e publicist who cast the modern basis of the state e its organization by sovereign one. Once remembered the lessons of such writer will be analyzed, taking from the ‘Reclamação 31.965” Paraná, the phenomena of the autophagy, its origin, likely related to the monocratization of the court’s decision, as its probable unfolds, projected from the book ‘How democracies die” of Steve Levitisky and Daniel Ziblatt. The reasearch methodology will be bibliographic along with precedent cases analysis, hypothetical-deductive method.