ACERCA DA (IM)POSSIBILIDADE DA MEDIAÇÃO NO CONTROLE CONCENTRADO DE CONSTITUCIONALIDADE

Abstract

The article analyzes the performance of the Mediation and Conciliation Center — a body linked to the presidency of the STF and competent to implement consensual solutions in this court — in resolving disputes arising from the incompatibility between infra-constitutional normative acts and the Constitution, a function performed by the STF as guardian of the constitution in the so-called concentrated constitutionality control. The research adopted bibliographic and documentary review procedures. As a result, the limits of mediation were reconstructed, the role played by the STF as guardian of the constitution, the objective character of the special constitutionals procedures, based on a proceduralist understanding of the State and Law (HABERMAS). In conclusion, it is clear that the action of the Mediation and Conciliation Center, through the parties, presupposes the possibility of transacting constitutional supremacy is incompatible with democratic logic and the objective conception of the process adopted by the Federal Supreme Court.