Public hearings as legitimation instrument of decisions handed down by the Brazilian Federal Supreme Court in the context of judicial activism

In view of the activist posture verified in the field of the Judiciary, it became necessary to give legitimacy to that decision that, in principle, the subject should be the object of deliberation by the Legislative. In this sense, public hearings show themselves as a technical instrument that, with the introduction of the contradictory in the concentrated constitutional control through social participation, can be considered a mechanism of legitimacy of the decisions made by the Ministers of the Supreme Court. However, it is questioned about this legitimating function, considering that it can prove to be a legitimation tool, in the event that public hearings are seen as a merely formal instrument of participation. Indeed, in order to fully verify their legitimating function, it is essential that Ministers base their votes on the arguments presented by the participants of the public hearing, so that it becomes an effective mechanism of democratic legitimacy via popular participation.