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Lawsuits, political content: a proposed analysis for the Brazilian case

Lawsuits which demand public policies are recurrent in Western democracies. This article aims to analyze the specificity of clashes around this topic in Brazil parting from the categorization of political meanings that are present in the arguments deployed in the legal environment. The data presented were constructed from a series of judgments of the Court of Justice of the State of Rio Grande do Sul and the Supreme Court around the demands based on the "right to health". The profiles of arguments present in decisions show that the activism of the judiciary is marked out in legal concepts that oppose the "unity of the state" and "interpretation of the Constitution" to the dynamics of public administration. The phenomenon that can be termed "juridicization of politics" in Brazil entails several problems that need to be better explored by the political science, among which we highlight the emergence of a "legal interpretation" of the dynamics of policy implementation with strong public impact.

policy; Judiciary; Constitution; Brazil


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