From the Capitol to the Forum. On the judicialization of politics in today’s Brazil
DOI:
https://doi.org/10.15448/1984-7718.2014.1.16551Keywords:
Judicialization of politics, Adjudicatory democracy, Right to argue.Abstract
We watch today to a major change in Brazil which is neither politic nor legal, but cultural: the space of democracy itself moves from the Capitol to the Forum as a result of a new use of the Law and the Justice by everyone. Starting by the politicians, who have discovered the Court as a new place to make politics. That’s how Justice, until now restricted to solve private controversies, changes itself in a political resource available to anyone, don’t matter who. The change is not performed with no wrongs though, because judicial institutions were not ready to deal with this new use that people make of them. The traditional Brazilian tolerance with the lack of legal enforcement seems to be ending. Especially regarding with several criminal rules, related to corruption (either active or passive) of public officers, lawmakers and judges. Hence, after greatly highlighted lawsuits, it is identified a new demand addressed to the Justice, not as much to repair damages or to impose penalties for criminal faults, but to satisfy a political claim: to see publicly disapproved a behavior, or recognized a scorned dignity.Downloads
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