Politics and economics in abstract judicial review (1999-2004)
THIS ARTICLE IS RELATED TO AN AREA OF INVESTIGATION CALLED JUDICIAL POLITICS. BASED ON THE HYPOTHESIS THAT BRAZILIAN SUPREME COURT (STF) ACTS AS A GOVERNMENT BODY, IT WAS TESTED THE INFLUENCE OF POLITICAL, ECONOMIC, AND JURIDICAL VARIABLES ON ABSTRACT JUDICIAL REVIEW DECISIONS FROM 1999 TO 2004. FOR...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2012 |
| País: | Brasil |
| Institución: | Fundação Getulio Vargas (FGV) |
| Repositorio: | Revista Direito GV |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.periodicos.fgv.br:article/23974 |
| Acceso en línea: | https://periodicos.fgv.br/revdireitogv/article/view/23974 |
| Access Level: | acceso abierto |
| Palabra clave: | BRAZILIAN SUPREME COURT JUDICIAL POLITICS ABSTRACT JUDICIAL REVIEW CONSTITUTIONAL POLITICS JUDICIALIZATION OF POLITICS SUPREMO TRIBUNAL FEDERAL POLÍTICA JUDICIAL JURISDIÇÃO CONSTITUCIONAL ABSTRATA POLÍTICA CONSTITUCIONAL JUDICIALIZAÇÃO DA POLÍTICA |
| Sumario: | THIS ARTICLE IS RELATED TO AN AREA OF INVESTIGATION CALLED JUDICIAL POLITICS. BASED ON THE HYPOTHESIS THAT BRAZILIAN SUPREME COURT (STF) ACTS AS A GOVERNMENT BODY, IT WAS TESTED THE INFLUENCE OF POLITICAL, ECONOMIC, AND JURIDICAL VARIABLES ON ABSTRACT JUDICIAL REVIEW DECISIONS FROM 1999 TO 2004. FOR THAT PURPOSE, A DATASET OF 162 CASES CONCERNING JUDICIALIZATION OF STATE POLITICS WAS DEVELOPED. USING LOGISTIC REGRESSION, IT WAS CONCLUDED THAT THE STF IS MORE SENSIBLE TO CERTAIN GROUPS OF ACTORS THAN OTHERS, DECLARES THE UNCONSTITUTIONALITY OF LEGISLATION WHEN THIS LEGISLATION BRINGS NEGATIVE IMPACT ON STATE FINANCES AND JUDGE IN FAVOR OF PRESIDENTS’ AGENDA. AS A CONCLUSION, WE VERIFIED THAT BRAZILIAN SUPREME COURT DECIDES IN SUCH A MULTIPLE BEHAVIOR, SOMETIMES LETTING ITSELF BEING INFLUENCED BY LEGAL VARIABLES, SOMETIMES DECIDING MOTIVATED BY POLITICAL OR ECONOMICAL VARIABLES, ACCORDING TO THE LOGIC DEMONSTRATED |
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