"Constitution and Politics: The annulment of criminal actions in Operation Car Wash from the perspective of Tushnet's thought

Abstract

The present study examines counterpoints arising from the ideal of political constitutionalism, as delineated in Mark Tushnet's work "¿Por qué la constitución importa?", applied to the main shifts in understanding within the scope of the Lava Jato Operation, particularly regarding the actions of the Supreme Federal Court (STF), which culminated in the annulment of criminal convictions against President Lula. The Brazilian political and legal landscape is characterized by the weakening of conservative ideals under Bolsonaro's administration and the rise of Lula's progressive ideology. Employing Mark Tushnet's teachings as a theoretical framework, the text investigates the delicate balance among the branches of government, arguing against the notion that constitutional interpretation is entirely impartial and disregards the political and social context in which it unfolds. The study's conclusion is reached through a deductive approach, supplemented by historical methodology. It leans towards the understanding that the political interpretation of the Constitution is just one of several possible perspectives, not the sole one. Furthermore, it is emphasized that in the case of the Lava Jato Operation, it is reasonable to consider the influence of political context rather than solely legal considerations in the STF's decisions, underscoring that the irregularities in the application of legal norms during the procedural process were evident and warranted review. This debate on the interaction between politics and constitutional interpretation underscores the complexity of the Brazilian legal and political system, highlighting the need for a careful and multifaceted analysis to adequately comprehend legal and social issues when interpreting constitutional norms.