A judicialização da política no Brasil: a história, as definições e os usos do conceito

Abstract

This thesis seeks to analyze the development of the concept of judicialization of politics in Brazil, focusing on three perspectives: academics, politicians and jurists. It started from the understanding that the judicialization of politics is a political concept, due to its internal semantic conflict and the influence of its objects of analysis on its definitions. Based on appropriations of the history of concepts and the content analysis research technique, a specific analysis approach for conceptual research was consolidated. The thesis was divided into four chapters, an introduction and a conclusion. I argued that the judicialization of politics is a concept that needs adjustments for its use in the academic research. As it contains several possible definitions since its first uses, the mobilization of this concept demands the choice of a clear definition. In the uses made by senators and ministers of the STF, I identified what I called the “practical use” of the concept, which presents a lower polysemy and is more linked to the specific contexts of appearance. Despite its analytical difficulties, which I point out throughout the thesis, the judicialization of politics is the central concept for the analysis of the relationship between judicial institutions and politics in Brazil. I argue that this is due to the fact that judicialization is the only concept that articulates, at the same time, institutional dimensions and individual aspects to analyze the political effects of the institutions of the justice system.