As origens da Politização da Justiça ou da Judicialização da Política no atual Sistema Constitucional Brasileiro

• Main Authors: André Panno Beirão, Ana Carolina Nogueira Beirão
• Format: Article
• Language: English
• Published: Centro Universitário de Valença 2016-12-01
• Series: Revista Interdisciplinar de Direito
• Subjects: Constitutional law; judicialization of politics; politicization of justice
• Online Access: http://revistas.faa.edu.br/index.php/FDV/article/view/79/57

Subject of constant social debate and academic reflection, this paper starts from epistemological expression of “politicization of justice”, distinguishing it from judicialization of politics. In the Brazilian case, the consolidation of democratic institutions has suffered of a big influence of international jurists, specially from German and Portuguese ones, that, in certain way, permeated the relationship between the constitutional three Powers and ways of control with mechanisms that ended up by influencing the own condition of acting of its powers. It presents how the Executive Power’s typical decisions has found a strong barrier of Judiciary Power and how the exercise of the jurisdiction has also exacerbated its power in political decisions. It presents how these decisions, under the aura of the “social justice” exercise and of the fundamental rights guarantee, also extrapolate its original powers, specially by the Superior Federal Tribunal – the Brazilian constitutional supreme court – when exercises the guarantee of constitutionality of the national juridical law, even more when typically politics decisions are raised to the Judiciary Power.