Political Influence in the Decisions of the Federal Supreme Court: an analysis of the Controversial and Representative roles
This research analyzes the political influence in the decisions of the Federal Supreme Court, particularly, the fulfillment of the Federal Constitution and its ideological ideologies by the Supreme Court and its counter majoritarian and representative action. In this sense, it questions the open int...
| Authors: | , |
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2019 |
| Country: | Brasil |
| Institution: | Universidade Federal de Uberlândia (UFU) |
| Repository: | Revista da Faculdade de Direito da Universidade Federal de Uberlândia (Online) |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.www.seer.ufu.br:article/46072 |
| Online Access: | https://seer.ufu.br/index.php/revistafadir/article/view/46072 |
| Access Level: | Open access |
| Keyword: | Influência política Papel contramajoritário e representativo Protagonismo Supremo Tribunal Federal Federal Supreme Court Protagonism Counter-representational and representative role Political Influence |
| Summary: | This research analyzes the political influence in the decisions of the Federal Supreme Court, particularly, the fulfillment of the Federal Constitution and its ideological ideologies by the Supreme Court and its counter majoritarian and representative action. In this sense, it questions the open interpretation of the Constitution regarding "power" or "duty" conferred on the body. It seeks to elucidate the separation of powers and the political crisis installed in the country, in order to raise judicialization and judicial activism, the latter as an instrument of the judiciary to legislate for / against a particular political issue. It uses the hypothetical-deductive method, backed by books, scientific articles and publications on institutional sites, referenced by the systemic theory of Niklas Luhmann. The study led to the conclusion that the separation of powers, the observance of the codes that guide the law and the policy and the balance of action of each one are indispensable for the maintenance of the Republic. The ideal model will not be at either extreme, no or total political influence. The law must be autonomous to politics, since this autonomy is essential for the survival of the concept of the rule of law and for the trust of society in judicial institutions. |
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