Os limites de atuaÃÃo do Poder JudiciÃrio no controle de polÃticas pÃblicas, segundo a jurisprudÃncia do Supremo Tribunal Federal

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This work looks for to identify in the doctrine and the jurisprudence of the Supreme Federal Court some explicit limits in the performance of the Judiciary Power in the called judicial control of public politics. The times are not rare where the public managers if see compelled to adopt definitive steps in substances of contrary public politics to the lines of direction instituted for force of sentences. The active participation of the Judiciary Power in the public administration can be felt in all the levels and segments of the public administration, reaching as much the national politics how much to the places. This fort judicial presence awakes a series of questionings, especially on the part of the public administrators, concerning the legitimacy and the limits of this mediation. The principle, it is seen as natural consequence and only inevitable of the exercise of the jurisdictional function, not representing, thus, breaking to the republican pact. However, in last analysis, it means a widening of the influence of Judiciary on all the aspects of the social life, with the consequent reduction of the sphere of ability of the too much powers, in special, what pertine to the studies developed in this work, of the Executive. In accordance with some authors, the example of Luis Robert Barroso, Loiane Prado Verbicaro and Gisele Silva AraÃjo, the imposition of steps for the Judiciary Power to the Executive, if adopted of current and limitless form, place the democratic constitutionalism at risk, in the measure where he directly reaches the classic separation being able of them. The phenomenon customary called of âjudicializaÃÃo of the politicsâ, although contemporary, excites, as said doubts on the legitimacy and the limits of judicial intervention in questions that, until good little time, were had as of matrix eminently politician. In the carried through study, the main workmanships and works related to the subject had been boarded, nominated on the theory separation of powers, of the judicializaÃÃo of the politics and the judicial control of public politics. From this study, it was verified that, even so, in the majority of the texts, if it recognizes the legitimacy of the judicial performance, little was written on the recognized limits already. In face of this, one became excellent to undertake a research in the jurisprudence of the Supreme Federal Court, by means of which it was possible to find some judgeships of supreme cut turning on questions politics and the judicial control of public politics and, despite indirectly, on the looked limits. The work was initiated with the survey of the workmanships related to the research, accomplished in bookstores, libraries and in sites of the Internet with scientific content, followed of the daily pay-election and the attainment, for acquisition, loan or simple consultation, of that they kept to greater affinity with the object of the research. At as a moment, it was made the reading and the collect of these workmanships, that, after that, place gave to the provisory writing of first the three chapters of the work. Made this, chance was broken in such a way for the jurisprudence research in the page of the Supreme Federal Court in the Internet where the first related decisions had been identified to the object of the research. Beyond them, others had been collected from books treating specifically to decisions politics pronounced for the Supreme Cut. Finished the searches, the last chapter was written displaying the findings that had served of base to the definition of limits for the performance of the Judiciary Power in the control and implementation of public politics. It was considered, to the implicit and explicit end, limits of the judicial performance in the judicial control of public politics, as being those decurrent ones of the proper judicial activity, however, with some specific characteristics

ASSUNTO(S)

administracao publica public politics intervenÃÃo (processo civil) limites intervention judiciary poder judiciÃrio e questÃes polÃticas poder judiciÃrio limits

ACESSO AO ARTIGO

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