Author:

Theófilo Codeço Machado Rodrigues

Abstract:

The judicialization of politics has become a recurring theme in the “New Republic” field of study. With emphasis on some of the proposals for
political reform under debate in the last twenty years, this article presents five situations in which the Judiciary was called upon to interfere in legislative decisions: the barrier clause, the verticalization of candidacies, partisan loyalty, the “clean record” act and the end of the corporate financing of political campaigns. In some of these cases the political parties themselves have called upon the Judiciary to interfere in the current legislation; in other cases, civil society asked for the intervention of the Judiciary for legal modifications. In the current moment of celebration and reflection over the 30th anniversary of the promulgation of the 1988 Constitution, the knowledge surrounding its consequences becomes imperative.