Crisis of Representation in Brazilian Society in the 21st Century and Fundamental Rights: The constant attempts to exclude minorities by an increasingly fundamentalist government.
9 de May de 2019
PUBLIC POLICIES, PARTICIPATORY BUDGET AND DEMOCRATIC REPRESENTATION IN THE DIGITAL AGE
17 de June de 2019Political reform through the judiciary: notes on the judicialization of politics in the New Republic.
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.