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A reforma política pelo judiciário: notas sobre a judicialização da política na Nova República

Abstract

The judicialization of politics has become a recurring theme in the “New Republic” field of study. With emphasis on some of the proposals for political reform under debate in the last twenty years, this article presents five situations in which the Judiciary was called upon to interfere in legislative decisions: the barrier clause, the verticalization of candidacies, partisan loyalty, the “clean record” act and the end of the corporate financing of political campaigns. In some of these cases the political parties themselves have called upon the Judiciary to interfere in the current legislation; in other cases, civil society asked for the intervention of the Judiciary for legal modifications. In the current moment of celebration and reflection over the 30th anniversary of the promulgation of the 1988 Constitution, the knowledge surrounding its consequences becomes imperative.

Keywords:
Political reform; Judicialization of politics; Brazilian Supreme Court; Electoral reform

Universidade de Brasília. Instituto de Ciência Política Instituto de Ciência Política, Universidade de Brasília, Campus Universitário Darcy Ribeiro - Gleba A Asa Norte, 70904-970 Brasília - DF Brasil, Tel.: (55 61) 3107-0777 , Cel.: (55 61) 3107 0780 - Brasília - DF - Brazil
E-mail: rbcp@unb.br