Separation of powers and the judizicialition of politics: a study on the expansion of Brazilian judicial decision power in contemporary

• Grant number: 11/20899-2
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: February 01, 2012
• End date: January 31, 2013
• Field of knowledge: Humanities - Political Science - Political Theory
• Principal Investigator: Fabiana Cristina Severi
• Grantee: Lucas Fulanete Gonçalves Bento
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The objective of this research is studying the legal and historical construction of the separation of powers in the dogmatic as well as political history. So that to study the phenomenon of the judizicialition of politics in Brazil in order to understand the relationship of the judiciary with the executive and legislative powers, and what historical movements and contexts that led to such a relationship. As secondary objectives are intending to review the judicial and legislative bibliographic production that is inherent in the central content; in order to measure how fine is it worked to design an organization of state grounded on Brazilian social characteristics and contexts. The research is exploratory, therefore, seeks an overview of the phenomenon, intuiting to develop, clarify and modify concepts and ideas for future interpretive works. The research is part of contemporary debates about the relationship and function of the three political powers. Expanding to understand the previous context of the political and state organization, defined in the Brazilian Federal Constitution of 1988. So that we can identify what are the checks and balances and why there were historical political power polarization as there is the phenomenon of the judizicialition of politics. As a result, it is expected to build conclusions about the phenomenon of the judizicialition of politics and its impact on the juridical and institutional powers separation in Brazil. (AU)