Actions of Unconstitutionality in Brazilian constitutional control: an analysis of the actors, themes and frequency of actions before the Supreme Court between 2012 and 2021

Abstract

This paper proposes an approach to the literature of Constitutional Law and Public Policy, especially agenda-setting studies, by examining the dynamics of Direct Actions of Unconstitutionality as an instrument of attention and veto of the agenda of the actors holding legitimacy to propose it before the Federal Supreme Court. The study innovates by analyzing the dynamics of the pre-decisional process, adopting the proposal of the action as the object of analysis, regardless of its outcome. Using a theoretical and methodological framework specific to the field of Public Policy, based on the international data structure of the Comparative Agendas Project, this article categorizes all the contested actions between 2012 and 2021, according to the type of sectoral policy to which they refer, expanding the analytical capacity of the data, consequently demonstrating the frequency of actions over the years and the proposing actors. As a result, this article demonstrates that among the 2.300 actions analyzed, three major themes, representing 66% of the total ADI proposed, stood out: Government and Public Administration; Judiciary, Justice and Violence; and Macroeconomic. In addition to these results, we demonstrate the peak use of this instrument during the COVID-19 pandemic.

Keywords:
Brazilian Supreme Court; abstract control; agenda setting; governmental attention; proposing actors