1. JUDICIALIZAÇÃO DA POLÍTICA E ATIVISMO JUDICIAL: ESTUDO COMPARADO ENTRE O BRASIL E OS ESTADOS UNIDOS.
- Author
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Porto de Carvalho, Márcia Haydée, Carvalho Ferraz, Fernanda, and Silva Santos, Juliane
- Abstract
This article aims to conceptualize the phenomena of judicialization of politics and judicial activism, in order to differentiate them, and with this analyze from when they started to occur and their occurrence increased in Brazil. It also aims to analyze the role of the Supreme Court in the current context of the country. In the same way, it seeks to do so in relation to the United States of America, in order to carry out a comparative study to point out the main similarities and differences of these phenomena in the two countries. To achieve the proposed objective, in relation to the methodology used, a systematic review was adopted. The article demonstrates that Brazil is part of the global context of expansion of the powers and authority of the Judiciary that has been observed in several countries, and that for this very reason it has been taking increasingly political decisions and thus assuming a space that has been left vacant by the Legislative and Executive powers. In the United States, the opposite phenomenon can be seen, in which the action of the Judiciary, more specifically the action of the Supreme Court, is aimed at containing legislative activity. From this article, we want to reflect on the expansion process verified with the powers of the Supreme Court and how this body has behaved in relation to what happens in the United States, what are the main differences and how they can contribute to Brazil. [ABSTRACT FROM AUTHOR]
- Published
- 2022