Abstract (in inglese)
The essay aims to provide a general reconstruction of the “amicus curiae”, introduced by the new supplementary norms for judgments before the Constitutional Court, and then to conduct an empirical investigation which has as its object the analysis of the opinions presented by some amici in the specific cases, then decided with judgments nos. 32 and 33/2021, concerning the recognition of the minor’s status filiationis with respect to the intentional parent respectively in a case of recourse abroad to heterologous fertilization and surrogacy.
The purpose of the essay is, therefore, to verify, through the analysis of some practical cases, the role of amicus in the practice, as well as to assess whether the amicus deposit has allowed the Court to broaden the knowledge on innovative facts and information, enriching the juridical argumentation of the judge and whether, therefore, the arguments of the amici have passed “from fact to law” of constitutional decisions, without even neglecting the inherent risks in such opening.