Many transformations have occurred in contemporary society, causing impacts in several sectors, making it much more complex and unsafe than in the past. The change in the decision-making system in Brazilian society is among the main changes that have occurred today. The post-modern context has contributed to the transfer of state power from the Legislative and Executive Powers to the Judiciary, specifically to the Federal Supreme Court (STF), leading to an expansion in the scope of action of this institution, mainly through the exercise of constitutional jurisdiction. This situation has caused a crisis of legitimacy in society, since fundamental political and social issues are now decided by the Court. In this scenario, Direct Unconstitutionality Actions Nos. 3937/SP and 3357/RS stand out, which are being judged jointly by the STF. Such highlight is attributed, since this is a highly complex issue of great social repercussion that will be decided by a legal and non-political institution.
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