Judicialization of politics: controversies surrounding Constitutionality Control

• DOI: 10.22533/at.ed.2163312322117

• Palavras-chave: Judiciary. Policy. Democracy. Constitutionality.

• Keywords: Judiciary. Policy. Democracy. Constitutionality.

• Abstract:

  The object of study of this article was the Judicialization of Politics, a topic on which we sought to explore different positions, given that there are different and controversial analyzes with regard to Constitutionality Control. The research problem that guided the research and preparation of this text can be better understood through the following question: Does the judicialization of politics insult democracy? It would be better for society if the Judiciary did not deal with political issues and these were strictly the responsibility of representatives elected by free and direct suffrage. The general objective of the research was 'Analyze opposing positions, having as its fundamental axis the Control of Constitutionality, highlighting that, if the current Brazilian scenario were not arbitrary and political corruption, the Judiciary would not be so frequently called upon, and would not enter into the merits of purely issues policies'. A bibliographical research was carried out and among the theorists studied, a special focus was given to Ronald Myles Dworkin. Regarding the results obtained, it is worth highlighting that, aware of the separation of powers, and the need to respect the limits of action, it is understood that judges must be cautious. It was clear that one cannot be radical, to the point of asking for the total exoneration of Judiciary actions in the political sphere, since the Brazilian citizen would be a hostage to the arbitrariness, ambition, mercantilism and corruption practiced by those who, elected from freely and directly must work for the good of the people.