A judicialização da política versus ativismo judicial: o empoderamento das cortes superiores no Brasil

Abstract

This dissertation is the result of thematic and jurisprudential bibliographical studies about judicialization of politics, the politicization of justice, Judicial Activism and the actions of the Supreme courts of Brazil. The theme is a theoretical approach to the judicialization of politics and activism as phenomenon of empowerment of the judiciary, and how these phenomenon affect the political and democratic life of Brazilian society. The main problem studied was that, even if it were an organ of the judiciary, the court would also have its political role in society, what would be its role and limits in exercising it? In order to do so, it was necessary to study the main conceptual differences between judicial judicialization and judicial activism, the limits of judicial action and the application of the norm. The major motive that generated political empowerment by the courts, in addition to the post-1988 democratic institution, was that the population does not trust the other institutions, especially the Executive, for failing to meet social demands and growing corruption in with Legislative. It was concluded that the work of the Judiciary goes far beyond the issues that are brought to it in the area of law and legislation before the Constitution. There is also an involvement in the political and social regulation itself, impacting on Brazilian democracy as a whole.