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Revista de Sociologia e Política

On-line version ISSN 1678-9873

Abstract

ZAULI, Eduardo Meira. Judicialization of politics, judiciary power and parliamentary investigation commissions in Brazil. Rev. Sociol. Polit. [online]. 2011, vol.19, n.40, pp.195-209. ISSN 1678-9873.  http://dx.doi.org/10.1590/S0104-44782011000300014.

Through the notion of the judicialization of politics, we discuss particular aspects of the relationship between the Judiciary and the Legislature in Brazil within the context of the 1988 Constitution. Taking the issue of control of constitutionality and the judicialization of procedures adopted within the ambit of parliamentary investigation commissions as our specific focus, this article is based on research on the jurisprudence of the Federal Appellate Court regarding the status and constitutional limitations of parliamentary investigation commissions within the National Congress. We look at the issue of the separation of powers in contemporary democracies, demonstrating just how distant the interrelations of the three branches of the State are, in practice, from the classical theoretical formulation; this allows for a complex web of mutual controls that make for fertile terrain for the primacy of Judiciary Power over Legislative Power and the above-mentioned judicialization of politics.

Keywords : judicialization of politics; parliamentary research commissions; Brazil.

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