The direct actions of unconstitutionality proposed by political parties during the Michel Temer administration (2016/2018)

• Autor(a) principal: de Quadros, Doacir
• Data de Publicação: 2023
• Outros Autores: Bueno de Castro, Fernando
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Estudos Empíricos em Direito
• Texto Completo: https://reedrevista.org/reed/article/view/733
• topic: political parties; judicialization of politics; direct action of unconstitutionally; partidos políticos; judicialização da política; ação direta de inconstitucionalidade

The 1988 Constitution placed great emphasis on the importance of political parties to the democratic game and endowed them with several prerogatives and instruments for healthy action in favor of maintaining the democratic system. And it is around this premise that the article is developed seeking to identify traits about the performance of the parties in the opening of Direct Actions of Unconstitutionality (ADI) with the STF in the presidential government of Michel Temer (2016/2018). The method adopted is exploratory-descriptive quantitative research on the 534 ADI proposed to the STF between 2016 and 2018. It was also adopted the use of bibliographic research on the literature that deals with the judicialization of politics and the performance of the parties as relevant actors in requesting the intervention of the Judiciary in given matters. Among the conclusions it is observed that in the investigated period 13% of the ADI, which corresponds to 70, were proposed by the parties. In this amount, we highlight the parties with less parliamentary representation that were more active in the use of lawsuits. The opposition parties to the federal government energetically used the constitutional prerogative conferred, with a high number of ADI, which suggests that legal actions are placed as instruments of political and electoral strategy for opposition parties to mark their place in government.