Abstract

HORBACH, Carlos Bastide. Comparative Law in the Brazilian Constitutional Jurisdiction. Bol. Mex. Der. Comp. [online]. 2017, vol.50, n.149, pp.581-612. ISSN 2448-4873.

This paper intends to analyze the use of comparative law by the Brazilian Federal Supreme Court (STF). It summarizes the main theoretical debates about the comparative method and discusses how this method applies to constitutional jurisdiction, using this data to evaluate the correctness of the foreign sources use by STF justices and studying especially two opinions of the Court: the stem cells case and the same sex civil unions case.

Keywords : Comparative Law; constitutional jurisdiction; internalization of law.