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Judicialization of politics, politicization of the judiciary and judicial activism: inferences about the jurisprudential understanding

Grant number: 13/08615-4
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): July 01, 2013
Effective date (End): June 30, 2014
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal Investigator:Fabiana Cristina Severi
Grantee:Ana Carolina Calegari
Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

This study aims to analyze the different meanings and interpretations assumed by the terms judicial activism, legalization and politicization of the judiciary in the discursive context of the decisions of the higher courts of Brazil. The main goal is to analyze a set of decisions that have in some of its textual structure as defined above. These decisions will be obtained from the search-free on the websites of the Judicial Courts of the State of São Paulo, the Superior Court of Justice and the Supreme Court. As a secondary objective, seeks to: a) conduct a literature review on the relationship between democracy and representation, and judicialization, the impacts of the phenomenon judicial activism, discussions and arguments that develop with the backdrop of a possible constitutional crisis and the relationship between legalization and access to justice; b) categorize, organize and classify decisions based on criteria such as: what is the point of law at issue, or if there has been upheld or not upheld, which the court issuing the judgment, etc.. c) make inferences and conclusions from the data collected considering the phenomenon of judicialization and judicial activism and the role of the Courts as drivers of public policy. It is intended to contribute to a critical understanding of what has been named the legalization of politics and judicial activism, as well as the consequences of these phenomena in the configuration of political and institutional structure of the Brazilian State.