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Sociologias

Print version ISSN 1517-4522

Abstract

CARVALHO, Ernani. The trajectory of judicial review in the brazilian constitutional design: tutelage, autonomy and judicialization. Sociologias [online]. 2010, n.23, pp. 176-207. ISSN 1517-4522.  http://dx.doi.org/10.1590/S1517-45222010000100007.

The judicial institutions remained for a long time in the shadow of the political phenomena and theory in Latin America. This article presents some thoughts on one of these institutions, the judicial review. The main idea is to demonstrate the trajectory of this legal instrument that has become a key piece to understand the judicialization of politics in Brazil. In this sense, the paper tries to identify the factors that lead to the judicialization of politics, considering as background the evolution of the judicial institutions in Brazil during the republican period, and in particular the institutions responsible for the judicial review.

Keywords : Judicial review; Autonomy; Judicialization.

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