O STF e a judicialização da política: um estudo comparativo entre Brasil e Alemanha

Abstract

The theme of "legalization of politics" means the operative intervention of the judiciary that could affect the political situation in contemporary democracies. The direct consequence of this intervention is the expansion of judicial power in matters that would, in theory, allocated to the executive and legislative powers and draws on the theory of checks and balances. The "judicialization of politics" leads to the "politicization of justice" and thus there is legalization of politics where the courts in the normal performance of their functions, significantly affect the political conditions. The purpose of this paper is outline in general terms, the relationship between the legalization of politics and the principle of separation of powers from two basic nucleus. The first aims to outline the classical and contemporary doctrine of separation of powers and the second core aims to discuss new trends in constitutional jurisdiction governed by the judicial activism in Brazil and make a comparative study with the judicial activism in Germany, where the legalization of politics gets special attention by the doctrine.