Abstract

SILVA, Nilson Tadeu Reis Campos. THE POLITICIZATION OF JUSTICE: A REQUIEM FOR THE REPUBLIC. Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.551-564.  Epub June 30, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.27.

The present text seeks to detect, by the inductive method, the main fissures of the Brazilian Republic provoked by the actions of constitutional jurisdiction in specific areas: the control of the constitutionality of below the laws norms and the protagonism legislature of the Supreme Federal Court. It covers from the topical and reflective analysis of its jurisprudence, on freedom of expression and on blood transfusions, to the incoherence of decision-making involving issues sensitive to society and the individual. It presents a pivotal epistemological cut to offer a tutelary construct conceived in social policies of the state's responsibility. With the emphasis on the various legal theories woven, it is sought to emphasize the need to obtain a correct answer, pointing to the need to overcome positivism without adherence to political-ideological activism, in order to give prevalence to legal certainty.

Keywords : constitutional jurisdiction; Judicial activism; Legal certainty..

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