A atuação dos partidos políticos no processo de judicialização da política (2019-2021)

• Ano de defesa: 2022
• Autor(a) principal: Araújo, Bryan da Fonseca
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Relações Internacionais; Programa de Pós-Graduação em Ciência Política e Relações Internacionais; UFPB
• Palavras-chave em Português: Ciência política; Judicialização da política; ADPF; ADI; Partidos de oposição; Decretos; Medidas provisórias; Political science; Judicialization of politics; Opposition parties; Decrees; Interim measures; CNPQ::CIENCIAS HUMANAS::CIENCIA POLITICA
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/123456789/26166

The present study aims to analyze the process of judicialization of politics from a quantitative and qualitative survey of the actions of constitutionality control, particularly the Direct Actions of Unconstitutionality (ADI) and Claim for breach of fundamental precept (ADPF) , aimed at suspending the applicability of decrees issued by the Federal Executive filed by political parties with the Federal Supreme Court (STF), specifically observing the first years of Jair Bolsonaro's government. The research hypothesis, corroborated with the data collected and analyzed, leads us to understand the use of the judicial arena by opposition parties as a means of interposing vetoes to government actions, provoking the Judiciary to debate issues that would be typical of the political debate in the orbit. parliamentarians, but who do not find in Congress a forum capable of providing the fullness of the rights and guarantees of minorities and of frank debate on presidential decrees. Through numerous regimental and political devices that allow the control of the agenda by governing coalitions in Congress, and also by the correlation of forces of the benches, there is a tendency to restrict the ability of opposition parties to publicly debate the contents of decrees, execute control, produce parliamentary obstructions and vetoes. The opposition's inability to contradict the government in the parliamentary sphere has led the parties to fight in the Judiciary as well. The monitoring of the filing and processing of ADIs and ADPFs in the sense of contesting presidential decrees published by Jair Bolsonaro indicates that opposition parties face at the same time the attempt to interpose a veto in Congress and in the Supreme Court, indicating a path of judicialization of the policy, giving authority to the Judiciary to face issues that are often essential for analysis by the Legislature. The power of agenda of the governing coalition and the negative correlation of forces for the oppositions can be some of the possible explanations of this process that results in the appeal to the judicialization of the politics.