PRINCÍPIO DA SEPARAÇÃO DOS PODERES E A JUDICIALIZAÇÃO DA POLÍTICA NO BRASIL

Abstract

The research problem addressed in this study seeks to examine the impact of the judicialization of politics in Brazil on the principle of the separation of powers, with particular focus on the role of the Supremo Tribunal Federal (STF) within the framework of the Democratic Rule of Law. The core issue revolves around the Judiciary's involvement in political and social matters traditionally assigned to the Legislative and Executive branches, raising critical questions about the implications of this interference for the autonomy and balance among the powers of the state. This inquiry is guided by the following hypotheses: the judicialization of politics has precipitated a crisis of autonomy among the branches of government; the overreach of the Judiciary poses a threat to the principle of the separation of powers; and the excessive judicialization of political matters may endanger democratic stability in Brazil. The main objective of this study is to analyze the consequences of the judicialization of politics for the autonomy of the Legislative and Executive branches, considering this phenomenon in light of the principle of the separation of powers within the broader context of the Democratic Rule of Law. It is anticipated that this research will reveal an ongoing institutional crisis among the branches of government, driven by the Judiciary’s increasing encroachment into the political domain. This dynamic is seen as potentially undermining the essential balance of power while also jeopardizing democratic stability and the effective functioning of Brazil’s Democratic Rule of Law.