"Judicialização da política" e governabilidade democrática no âmbito do poder local

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The work has for objective to analyze to growing interference of the Judiciary Power in the political decisions of the Executive Power, phenomenon denominated in the days today of Judicialização of the Politics. That analysis takes for base the limits imposed by the Federal Constitution in the separation of the Powers and in his/her coexistence, standing out that the organs of the Judiciary Power (judges and tribunals) they are not voted for, therefore, no capable to make nature decisions eminently politics. The tension and appeared consequences of that invasion of constitutional competence are the object of the present analysis that has as model the experience of the Municipal district of Fortaleza/CE in judgment, among the years 2001 and 2004. To approach, in equal way, the protagonism of institutions of national character in the use of the judicial ways like State Council of the Order of the Lawyers of Brazil (OAB/CE) in subjects of tax nature (it rates of collection solid residues, it rates of collection of home garbage, etc); as well as the frequent direct actions of unconstitutionalities and public civil actions moved by the opposition parties (Party of the Workers - PT, Labor Democratic Party - PDT and Communist Party of Brazil - PC of B) against works and services of competence of the Municipal district of Fortaleza to conclude that the judicialização of the politics is more and more present in the extent of the Brazilian State with the participation active of Federal Supreme court with decisions of political nature, invading competences of other powers, as well as, in equal way, in the local extent, in the delimited period.

ASSUNTO(S)

jurisdiÇÃo constitucional - dissertaÇÕes poder executivo - dissertaÇÕes direito constitucional democracia - dissertaÇÕes

ACESSO AO ARTIGO

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