THE SUPREME FEDERAL COURT AS GUARDIAN OF THE CONSTITUTION IN TIMES OF DEMOCRATIC CRISIS: A CONSTITUTIONAL ANALYSIS OF ITS ACTIONS IN RESPONSE TO THE EVENTS OF JANUARY 8, 2023

Abstract

This paper aims to analyze the role of the Brazilian Supreme Court (Supremo Tribunal Federal) as guardian of the 1988 Federal Constitution in the context of the events of January 8, 2023, when protesters invaded and vandalized the headquarters of the three branches of the Republic in Brasília. Drawing from the concepts of constitutional democracy, democratic erosion, and liberal constitutionalism, the study seeks to understand to what extent the STF responded institutionally to this episode, especially through Criminal Action 1060. The research examines the legal framework for the defense of democracy in the Brazilian legal system, with emphasis on the Law for the Defense of the Democratic State of Law (Law 14.197/2021), and investigates the historical performance of the Court in other moments of institutional instability. The central hypothesis holds that the STF exercised its role as constitutional guardian, though not without challenging the boundaries imposed by the separation of powers and fundamental rights, raising critical reflections on the risks of judicial overreach and the consolidation of a permanent crisis jurisprudence. The methodology adopted is qualitative, with a critical-reflexive approach, based on a bibliographic review of constitutional doctrine, documentary analysis of STF jurisprudence, official reports, and relevant legislation.