PhD dissertation · 2018
Pontos de Divergência
Rodrigo Martins. Pontos de Divergência: Supremo Tribunal Federal e comportamento judicial. University of São Paulo.
- Type
- PhD dissertation
- Year
- 2018
- Topic
- STF and judicial behavior
- Method
- Ideal point estimation
- Institution
- University of São Paulo
Executive Summary
Problem and purpose
The dissertation investigates how Brazilian Federal Supreme Court (STF) justices divide in their decisions and which factors help explain these divisions. Its starting point is that, although the STF became a central actor in Brazilian politics after 1988, systematic evidence about the individual behavior of justices was still limited.
Approach and data
The work uses ideal point estimation to spatially represent similarities and disagreements among justices based on their votes. It also reviews the literature on constitutional review, judicialization of politics, presidential appointments and judicial behavior, and uses simulations to evaluate estimation strategies for the study of the Court.
Main findings
The results indicate that variables associated with attitudinal models, such as the party of the president who appointed each justice, ideology and judicial philosophy, help explain alignments and disagreements on the Court. Professional trajectories are also considered, but appear to have less explanatory power than variables connected to political and institutional orientations.
Contribution
The dissertation brings quantitative tools from political behavior research into the study of the STF, offering a way to observe patterns of alignment among justices beyond case-by-case description.