JUDICIALIZATION OF POLITICS IN BRAZIL: THE ROLE OF THE JUDICIARY FROM THE DEMOCRATIC PERSPECTIVE

Abstract

This study examines the judicialization of politics in the Brazilian context, highlighting the increasing involvement of the Judiciary in political decisions. Initially, the causes of this phenomenon are explored. Subsequently, criticisms of the democratic legitimacy of judicialization are discussed. Through the inductive method, this study analyzed relevant articles and works on the subject, primarily based on Luís Roberto Barroso's article "Judicialization, Judicial Activism, and Democratic Legitimacy" (2009). The results emphasize the importance of ensuring that the Constitution and laws prevail to maintain democratic integrity in Brazil. It is then concluded that judicialization stems from the constitutional model, demanding that the Judiciary operate within constitutional limits to preserve democracy and fundamental rights.