Consensus-based solutions and institutional arrangements in the context of concentrated judicial constitutional review

preliminary questions and observations

Abstract

The essay examines the adoption of techniques and tools for consensual resolution of legal disputes during the performance of concentrated constitutional review at the Federal Supreme Court. It addresses the issue in an initial and investigative judgment, working on the following questions: (a) What is concentrated constitutional review? Does it admit procedural mechanisms and allocation of decision-making power among agents other than the authority designated to conduct the review? (b) What is happening in these situations before the Federal Supreme Court? (c) What is the nature of this multiplicity of acts practiced together with concentrated constitutional review, or inserted within it? (d) Why is this happening? (e) Should this happen, considering a positive prognosis of results? After analyzing these aspects, the essay produces its initial conclusions on the topic, to be further developed in an appropriate space.