A judicialização da política no Brasil contemporâneo: uma análise das demandas de inconstitucionalidade pelo partido socialismo e liberdade

Abstract

The basis of this study is the question: To what extent do the unconstitutionality lawsuits made by Partido Socialismo e Liberdade (PSOL), in reason of the unconstitutionality of bills presented to the National Congress, (dis)respect the division of power? As a general goal, it aims to analyze the judicialization of lawsuits made by PSOL, in virtue of the unconstitutionality of bills going through the National Congress, under the light of the constitutional principle of the division of power. As specific goals, it brings forth the discussion regarding the comprehension of the judicialization of politics phenomenon in contemporary Brazil, as well as the analysis of the unconstitutionality lawsuits for bills that were judicialized by PSOL in the year of 2019. The applied methodology is the bibliographic review and document analysis (under the current law and using the data provided by PSOL, Federal Court of Justice and Parliament). The results seem to indicate a certain offense to the principle of the division of power and also by the use of judicialization in unconstitutionality lawsuits made by PSOL, as a consequence of the exercise of parliamentary opposition.