Judicialization of politics and the judicial review of public policies

Abstract

THIS PAPER AIMS TO ANALYZE THE SO-CALLED UDICIALIZATION OF POLITICS, SHOWING THAT IT IS NOT JUST A BRAZILIAN EXPERIENCE, BUT A COMMON ONE IN SEVERAL WESTERN COUNTRIES. THIS MOVEMENT HAS BEEN VERY CRITICIZED CONCERNING ITS POLITICAL LEGITIMACY AND THE EXHAUSTION OF POLITICAL SPHERE. FROM THE OTHER HAND THE ARTICLE ANALYZES THE THEORY OF JUDICIAL RESTRAINT, WHICH DEFENDS THAT POLITICAL QUESTIONS SHOULD BE DECIDED BY ELECTED POWERS. FINALLY, IT DEMONSTRATES THROUGH THE ANALYSIS OF BRAZILIAN SUPREME COURT’S (STF) DECISIONS AND OTHER COURTS DECISIONS SUCH AS STJ HOW BRAZILIAN JUDICIAL POWER HAS FACED ISSUES OF PUBLIC POLICIES IN ORDER TO ENFORCE BASIC RIGHTS PRESENT IN THE BRAZILIAN CONSTITUTION OF 1988