Judicialização da politica e a PEC Nº 8/2021: uma analise sob a perspectiva constitucional

Abstract

n Brazil, judicialization gained prominence after redemocratization, with the 1988 Constitution providing greater fluidity in the relationship between the three powers. The Federal Supreme Court (STF) plays a political-legal role in controlling constitutionality. In response, the National Congress has sought to limit the powers of the Judiciary, such as PEC No. 8, of 2021. The work proposes to understand how the effects of the PEC could affect the independence of the Judiciary, in view of the system of checks and balances. Considering that constitutional interpretation must cover both moral aspects and individual rights, it is the responsibility of jurists to prevent abuses of fundamental rights, remaining within the limits of constitutional principles. In this sense, it is essential to consider not only legal issues, but also moral and public policy aspects, aiming to ensure the integrity and freedom of the legal system. The work will seek to answer the following problem: can PEC nº 8/2021 be considered as a political attempt to self-preservation of the institutional prerogatives of the Legislative Branch or as an instrument of control of the Judiciary? This work used qualitative analysis of an exploratory nature, with bibliographical research on the topic of judicialization of politics, democratic representative political legitimacy and the system of checks and balances, seeking to raise parameters to analyze the possible effects of PEC nº 8/2021 on in relation to the conflict of powers, using the public statements of senators in a deliberative session for the legislative discussion of the PEC. The work meets the objectives outlined, proving the hypothesis that the PEC appears to invade the responsibilities of the Judiciary, inflaming tensions between the powers and weakening democracy.