Judiciary and democracy

• Autor(a) principal: Lima, Cezar Bueno de
• Data de Publicação: 1998
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Mediações - Revista de Ciências Sociais
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/mediacoes/article/view/9332
• topic: State; Democracy; Division of powers; Judiciary; Estado; Democracia; Divisão de poderes; Judiciário

The main function and the reason for the independence of the Judiciary vis-à-vis the Legislative and Executive Powers, for the classics of contractualism, was the application of the law, by the judges, in a neutral and impartial way, as a way of ensuring balance and reciprocal control of the political power of the state. With the increasing intervention of state power (after the 40s of this century) in all spheres of social life, the principles of classical legal liberalism were thrown aside, due to the increasing institutionalization of conflicts of social interests by the State . This process has led, at the level of the Judiciary, in all advanced capitalist countries - and tends to also lead in countries of recent political democracy, such as Brazil - to the growing politicization of judicial decisions, posing the problem of the relationship between the reach of principles of existing state legal law and its practical application by the judiciary