A jurisdição constitucional brasileira entre direito e política: judicializando a política na busca por uma moral corretiva

Abstract

The article pretends to investigate to what extent the judicial decisions within the sphere of Brazilian constitutional jurisdiction communicate with the policy, mainly with a view to the phenomenon of the judicialization of policy in the search was a corrective moral. Thus, the essay begins by investigating the relationship between law and policy, going through the study of judicial activism – notably to the need for a corrective moral of/in law – and, finally, it arrives in the investigation of the Brazilian constitutional jurisdiction inserted in the scenario approached by the previous chapters, showing votes in recent decisions in the STF that corroborate the ideas raised during the research. In the end, it was possible to understand that the activist judicial posture can be understood as an absolutely arbitrary action by the interpreter, linked to politics, – because it is based on an idea of corrective moral – making the constitutional judicial decisions closely linked to the political agendas that end up disfiguring the law.