Constitutionalism, the expansion of Justice and the Judicialization of Politics in Brazil

Abstract

In the comparative analysis of contemporary democracies, Brazil seems to possess many of the elements analysts highlight as the probable causes of the “judicialisation of politics.” First, political democracy was established in the 1980s followed by the approval of a new constitution in 1988 that set out an extensive charter of rights. Second, an increasingly greater number of interest groups within society are demanding judicial solutions to collective conflicts. Third, the political system is characterized by fragile and even minority coalitions supporting the government of the day, while the opposition uses the judiciary to fight government policies. Lastly, the constitutional model delegates to the judiciary and to the Ministerio Publico (Public Ministry) the task of protecting both individual rights and interests, as well as collective and social rights. These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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