LEGAL ANALYSIS OF THE PROCESS OF APPOINTMENT OF MINISTERS OF THE SUPREME COURT BEFORE PEC No. 35 OF 2015, WITH A VIEW TO THE PRINCIPLES OF IMPERSONALITY AND IMPARTIALITY

Abstract

The present work had as an approach the process of nomination of the Ministers of the Federal Supreme Court. Thus, the main point is to briefly explain how this process is carried out in Brazil in the light of the 1988 Federal Constitution. As well as what are the criteria used in such a procedure, in view of the principles of impersonality of public administration acts impartiality of judicial decisions. In addition, we sought to explain a little about how the Tripartition of Powers and the Checks and Balances System end up bumping into art. 101 of the Federal Constitution, which, in turn, guides the choice of Justices of the Supreme Court, in eminently subjective criteria, which do not dialogue with the relevance of the position at the highest level of the Brazilian Judiciary. Therefore, we sought to identify where the flaws in this appointment process are, as well as, based on PEC n° 35 of 2015, to present alternatives for changes with the adoption of more technical and objective criteria that the nature of the position lacks. All of this, taking into account that the current model for appointing Supreme Court Ministers clearly violates the principles of Impersonality and Impartiality of judicial decisions. Since such a violation is almost indisputable, since it is done with all the prerogatives that the position brings with it. In this work, descriptive and dissertation bibliographic investigations were carried out, based on the selection of works and the presentation of arguments based on the vision of numerous authors who addressed the same theme of the proposal. It was possible to show that the appointment process of STF Ministers must be based on objective and technical criteria, since this is the only way to guarantee respect for the aforementioned principles.