CAPÍTULO 02:

A Interação entre Leis, Doutrina e Jurisprudência no Direito Brasileiro Contemporâneo: Uma Análise a partir de Estudos Indexados na SciELO

Abstract

This chapter examines the complex and dynamic interaction between laws, doctrine, and jurisprudence in the Brazilian legal system after the 1988 Constitution. In a context of redemocratization and strengthening of the Judiciary, understanding how these three sources of law mutually influence each other is fundamental to analyzing the country's social and legal transformations. Based on a systematic review of scientific articles indexed exclusively in the SciELO database, this study seeks to analyze the role of the Federal Supreme Court (STF) as a central arena for legal debates, the influence of academic production (doctrine) on the formation of judicial decisions (jurisprudence), and the law's response to contemporary tensions. The adopted methodology, focused on the qualitative content analysis of high-impact articles, allows for the exploration of themes such as the implementation of social rights in the face of resource scarcity, the dialogue between national jurisdiction and international human rights courts, the affirmation of new rights for minority groups, and the challenges posed by the digital age to privacy. The conclusions point to a scenario of increasing judicialization of political and social issues, where doctrine acts as an engine of innovation and jurisprudence, especially that of the STF, assumes a leading role in the materialization of constitutional precepts, continuously redefining the contours of the Rule of Law in Brazil.