Judicialização da política: concepções dos normativistas e dos cientistas sociais

Abstract

This paper deals with the judicialization of politics, highlighting the different analyzes formulated by normativists and social scientists. It is a bibliographical, descriptive and qualitative research, in which concepts, ideas and characteristics of the judicialization of politics are worked under the theoretical approach, aiming at comparing normativist and sociological conceptions about judicialization of politics, highlighting the criticisms already formulated to the theme. It was emphasized that normativist works focus on legal institutions, analyze the profile of decisions, have judicial processes as object of study, are more objective, punctual, statistical and practical, are dedicated to the study of the Judiciary and its interference on the other powers and look at legal aspects. On the other hand, it was emphasized that the works of a sociological nature focus on both legal and quasi-juridical institutions, analyze the profile of magistrates, have the results of judicial processes in society as object of study, are more subjective, broad and complex, are dedicated to the study of the interference of the other powers on the Judiciary Power and look for political, social, economic and cultural aspects. At the end of the study it was concluded that both conceptions studied have different characteristics and concerns, but they are not conflicting, but complementary, both of which are extremely important for the study of the judicialization of politics. In the same sense, it was concluded that socio-legal or hybrid studies are more adequate when the judicialization of the policy is analyzed in the Public Administration.