Razão pública e amicus curiae no Supremo Tribunal Federal:: análise dos argumentos utilizados na Ação Direta de Inconstitucionalidade n. 5.543

The participation of society in public forums is studied to form the public reason of the Brazilian Federal Supreme Court in the Direct Action of Unconstitutionality n. 5.543, which assesses the unconstitutionality of norms that prohibit the donation of blood by men who have sexual relations with ot...

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Bibliographic Details
Main Authors: Tressoldi, Irenice, Tramontina, Robinson
Format: Article
Language:Portuguese
Published: 2022
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Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8946918
Source:Espaço Jurídico: Journal of Law, ISSN 2179-7943, Nº. 2, 2022, pags. 365-392
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Summary: The participation of society in public forums is studied to form the public reason of the Brazilian Federal Supreme Court in the Direct Action of Unconstitutionality n. 5.543, which assesses the unconstitutionality of norms that prohibit the donation of blood by men who have sexual relations with other men and their partners. The objective is to answer the problem: the public debate promoted by the amici curiae’s performance in the Brazilian Federal Supreme Court in the Direct Action of Unconstitutionality n. 5.543 conferred social legitimacy and represented democratic support to the public reason of the Court? This is a bibliographic and documentary research. The arguments used in the votes of the Ministers are critically analyzed in the light of Rawlsian public reason, in order to identify the contribution of society to build the reason for deciding. It is concluded that the role of amici curiae were significant and positive to form the public reason of the Brazilian Federal Supreme Court in the case analyzed