THE UNEASINESS OF THE JUDICIALIZATION OF POLITICS: THE PRINCIPLE OF SEPARATION OF POWERS UNDER DEMOCRATIC HEGEMONY

Abstract

Context: This article deals with the judicialization of politics. Objective: From the context of the discussion, explicit contradictions and ambiguities and the disquiet caused by them, it is intended to minimally clarify the elements and assumptions of the debate, placing the reader in the genuine sense of the controversy. Method: Analysis of the classic literature on the subject, to compare and confront concepts, classifications and distinctions. Results: First, to conceptualize the judicialization of politics and, thus, to distinguish the different related concepts. Second, understand the idea of separation of powers in the 20th century. And, third, to identify democratic hegemony as a decisive factor for understanding the controversy. Conclusions: Above all, we can see the mistake of opposing the judicialization of politics to the separation of powers when the malaise is, above all, the tension between the judicialization of politics and democratic hegemony.

Keywords

• judicialização da política
• separação de poderes
• judiciário