Judicialização da política no Brasil: influência sobre atos interna corporis do congresso nacional

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

25/10/2012

RESUMO

This study attempts to evaluate the judicialization of politics through the analysis of the judicial system and its interference in acts interna corporis of the Legislature. The interpretation of the concept by part of legal doctrine has resulted in controversy about the legitimacy of judicial review of actions taken by the Legislature. We seek to demonstrate that, backed by jurisprudence of the Supreme Court on the matter, it is legitimate to judge acts interna corporis of the legislative houses and maintain their integrity preserved for it is not the Justices role to discuss issues related to the Legislature but rather discuss those that can harm subjective or individual rights as well as collective interests. Thus, the goal is to demonstrate the judicial review adjustment with respect to the legislative procedure in the light of constitutional principles. It can be inferred from the data that the maintenance of democratic order demands that the actions of all public officers and bodies be guided by legitimate and legal principles even if they are part of Legislature and that the Judiciary has the power to direct law enforcement

ASSUNTO(S)

direito legislativo judiciário judicialização da política atos interna corporis legislature judicial system judicialization of politics interna corporis acts

ACESSO AO ARTIGO

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