THE LEGITIMACY CRISIS OF THE SUPREME FEDERAL COURT: INTEGRITY, TRANSPARENCY, AND PUBLIC TRUST

Abstract

The Brazilian Federal Supreme Court occupies a central position in the constitutional system, particularly after the 1988 Federal Constitution, which strengthened constitutional jurisdiction and consolidated mechanisms of constitutional review. The Court's increasing participation in matters of significant legal, social and political relevance has intensified discussions concerning the limits of judicial action and the conditions necessary for institutional legitimacy. In this context, this article aims to analyze the relationship between institutional integrity, transparency and public trust in the construction and maintenance of the legitimacy of the Federal Supreme Court. The research adopts a qualitative, exploratory and descriptive approach, based on bibliographic and documentary research, using the works of Oscar Vilhena Vieira, Conrado Hübner Mendes and Luís Roberto Barroso, as well as the Federal Constitution, institutional documents and official data concerning transparency and perceptions of the Judiciary. The analysis distinguishes legal legitimacy, institutional legitimacy and social perception of legitimacy, avoiding treating public criticism as proof of irregularities or as evidence, by itself, of an institutional crisis. The study indicates that the legitimacy of a constitutional court is not restricted to its legal authority to decide, but also involves justification, publicity, coherence, institutional dialogue, transparency and accountability. It concludes that the legitimacy of the Federal Supreme Court must be examined from multiple dimensions, in which judicial independence coexists with institutional mechanisms of transparency and accountability without transforming institutional control into undue interference with judicial functions.