Judicial review and criminal trials: considerations in comparative law

The present article has, as its main objective, to analyze the trials of the GSS Torture Case by Israel’s Supreme Court and the Habeas Corpus 126.292, by the Brazilian Supreme Court under the point of view of Minister Luís Roberto Barroso’s vote, aiming to reflect on the Judicial Review institute through the analysis of such cases. For such task, the article has employed the individual analysis of each one of the chosen cases and, in sequence, analyzed bibliographic works on the matter. The results attained by the research showed, therefore, that both cases involve situations in which the Judicial Review has been employed to grant legitimacy to determined positionings to the detriment of the legal order. Ultimately, it was possible to observe that the Judicial Review is an institute whose inadequate application can cause the most diverse range of damages, although it can also be considered as an important tool in the task of maintenance of the constitutional order.