A desjudicialização da política e a desconstitucionalização do STF

• Autor(a) principal: Lopes Junior, Eduardo Monteiro
• Data de Publicação: 2010
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/15463
• topic: Judiciary branch; Political system; Political culture; Desjudicialização; Judicialização; STF; Política; CNPQ::CIENCIAS HUMANAS::SOCIOLOGIA

The effective influence of the Judiciary Branch on citizen participation in political decisions and policy making has been discussed in social sciences for more than a decade. To this phenomenon, entitled judicialization of politics, was attributed the operability of a democratic constitution, open and capable of achieving the aspirations of freedom, nonetheless only consistent with the values of a conservative liberalism. With the aid of empirical research, our thesis aims at demonstrating the persistent influence of traditionalist inheritance of a social class which, throughout the country short existence, constructed and permeated national political institutions with its worldview. The corporative and institutionalized behavior of this class of jurists from the highest court was well adapted with demands of the modern states´ institutions expansion, due to its authoritarian legacy and aimed at restricting the reach for freedom and for civil rights of a newly democratic country, despite the constant allusions to participatory democracy. In this context we will try to narrate the continuous and silent evolution of the desjudicialization of mass democratic politics and the gradual politization of jurists corporation, which carry alongside the expectations of an expansion of constitutional citizenship.