Abstract
Judicial review of Legislative acts is a sensitive issue in the intersection between Constitution, judicial review, and Democracy. The Brazilian Supreme Court (STF) often resources to the “interna corporis” question when deciding it cannot review a Legislative act. The purpose of this paper is to help identify what “interna corporis” questions are and are not via the answer to the following question. Are “interna corporis” questions those involving the construe of Legislative internal rules, as suggested by the Reporting Justice in General Repercussion Theme 1,120? The exam of the STF case law answers no to this question. Despite the frequent repetition of the idea conveyed by the Reporting Justice in Theme 1,120, in many cases, the Brazilian Supreme Court decided to review Legislative acts despite the need to construe Legislative internal rules. The Court did so to protect Constitutional elements identified as relevant.
Keywords:
Legislative branch; judicial review; “interna corporis” questions; Brazilian Supreme Court case law