Crítica da judicialização da política

Abstract

Judicialization of Politics is a popular term in the current political lexicon, whether scientific or not. However, the this concept is disseminated, the more inaccurate it becomes. Anyway, the idea of “judicialization of politics” is strongly associated with the judicial review undertaken by the Supremo Tribunal Federal. From the promulgation of the Constitution, ecisions of the Supremo have been increasingly invading the realm of politics. Constitution nd judicial decisions: these are considered to be the origins of judicial expansion on politics. A critical analysis from these sources – that is, the constituent process and the production of judicial discourse about constitutionality of laws – allows to discuss the analytical value of the different meanings attributed to “judicialization of politics”. Judicial activism, political participation, protection of minorities are some of the ideas confronted with the carefully and systematically inaction of the Supremo Tribunal Federal, the structural selectivity of its activity (and its inactivity), the hierarchy of constitutional interpreters that it produces, and finally, the episodic nature of the discourse he makes about the constitutionality of laws. The confrontation between these notions related to the process of expansion of the judiciary indicates in what sense the term “judicialization of politics” may be appropriate conceptually and analytically mobilized by a critical perspective.