| dc.description | This present paper is meant for studying the character of amicus curiae as carrier
agent of useful information for the optimization of the judgment in constitutionality’s
control consummated for Supreme Court of Judicature. It searches the advantage
and repercussion of its participation in a process marked for objectivity
characteristics. For in such a way, it uses as methodology the deductive method, the
process of bibliography comparison with the exposition of thought from variously
teachers and its admittance at Supreme Court. At a first moment, consideration are
made as respect the Latin expression and exposed succinctly the reason why
translate in the vernacular expression is not used, as well as notice of the starting of
the institute in other juridical systems and the doctrinal discussion as much as the
true origin of amicus curiae. After this, it studies the juridical nature of amicus,
analyses the concept of component and third part, as well as the modalities of third
intervention in civil process and other process components, it has seen that the
Brazilian doctrine is not unison for the question of juridical nature of amicus curiae.
The third chapter presents one general theory of amicus curiae, it has starting of the
beginning in Brazilian Law, it is passing by the correlates principles, the admittance
requirements, the legitimated components, the process for intervention, the terms, the
possibility oral sustentation and the plurality of amicus curiae. Subsequently, it
analyses the amicus curiae in the scope of the abstract control of constitutionality with
eminence for the general characteristics of the abstract control of constitutionality, the
necessary action, the proceeding opening of constitutionality’s control and, finally, as
legitimation factor, democratization and improvement of the judicial decision. | |
