DEMOCRATIC EROSION AND THE ANTICYCLICAL FUNCTION OF THE BRAZILIAN SUPREME COURT

Economists prescribe that economic cycles be balanced through the adoption of countercyclical policies. Dynamically understood, the counter-majoritarian function of constitutional courts performs an anticyclical function. In the face of governments that do not show commitment to democratic institutions, there must be a “situational reduction of deference” for executive orders and politics, resulting in the adoption of rigorous parameters for the control of state acts. Thus, constitutional courts cooperate with other institutions to mitigate the extremism of political cycles. The countercyclical function provides balance to the system, preserving what cannot be under the discretion of majorities: fundamental rights and democratic procedures. To deal with the current process of democratic erosion in Brazil, the anticyclical function applies the instruments of militant democracy. The study examines the exercise of the anticyclical function by the Brazilian Supreme Court.