Análise da decisão proferida pelo Supremo Tribunal Federal no pedido de suspensão de tutela antecipada nº 818: supremacia judicial em foco

Abstract

This paper analyzes the decision handed down by the Federal Supreme Court in the request for Suspension of Early Guardianship No. 818, that forced the Executive Branch to provide disposable diapers through Brazilian Popular Pharmacy Program to people with disabilities, a benefit guaranteed to the elderly. The purpose of this article is to verify if the Supreme Court, in the decision analyzed, when redefining the budget of a public policy, incurred in judicial supremacy. Therefore, Jeremy Waldron's definition of judicial supremacy which was developed based on strong judicial review was adopted as a theoretical framework. The methodology used was the empirical research, using the theoretical reference as a measure for the accomplishment of the inferences. In the end, it turns out that the Supreme Court, by redefining the public health budget, improperly interfered in the competence of the Executive and Legislative Powers, adopting a position of judicial activism, pursuing a social program, and thus incurring in judicial supremacy.