JUDICIALIZATION OF POLITICS: THE JUDICIARY POWER AS THE GUARDIAN OF BASIC RIGHTS

Abstract

This article has the main objective to make a brief analysis about the expansion of the judiciary in modern democracies, a phenomenon which has been called judicialization of politics, with greater focus on the national scene. To accomplish this, was used the methodology of literature review and for data analysis, inductive method. At first, this paper seeks to conceptualize the phenomenon, using both to the view of some authors and concepts taught by them. It is also, dedicated to the exhibition of some studies on the origins and causes of this expansion, addressing relevant historical events, in the view of these authors. In addition, with the focus on the national scene, it explores how the resulting changes to the promulgation of the Constitution of the Federative Republic of Brazil in 1988, promoted the judicialization. It also analyzes some historical decisions of the Supreme Court and three proposed amendments to the Constitution intended to limit the judicial action. Finally, this article, wants to find reasons and legitimacy within the constitutional text itself for judicialization in Brazil, especially when judges act in defense of fundamental rights against the actions and omissions of the other branches of government.