TITLE:
Transforming Politics: Intersection of Judicial Power, Activism and Legislative Decline in Brazil
AUTHORS:
Paulo Roberto Barbosa Ramos, Pedro Nilson Moreira Viana, David Elias Cardoso Câmara, Eudes Vitor Bezerra
KEYWORDS:
Judicial Activism, Judicialization of Politics, Legislative Omission, Transforming Politics
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.3,
September
8,
2023
ABSTRACT: The paper analyses judicial activism and the judicialization of politics as a probable result of legislature’s inactivity. Using a methodology based on a both qualitative and inductive perspective, research aims to answer if Brazilian parliament omits itself from its constitutional duties thus allowing a dramatic political transformation through which the Supreme Court can disguise constitutional interpretation to enforce nonpreviously written rules out of political process and without check, transforming politics. Based on the socio-legal-critical method, this research adopts the exploratory technique, aiming to define and clarify conceptual frameworks and ideas that already exist in the literature, without, however, disregarding the explanatory, bibliographical and jurisprudential techniques, essential for the accomplishment of this work.