A judicialização do processo político e a politização do poder judiciário: uma análise da intervenção do Supremo Tribunal Federal no processo político partidário.

Abstract

The main focus of this study is to analyze the control of constitutionality of the Supremo Tribunal Federal (STF) in regard to the partisan political process, having in sight the consequences of its decisions in the interaction of the constituent elements of the real system of government, such as electoral and party system, with the social political environment on which it operates. For in such a way, it is applied the inductive method of research, starting from the analysis of the Adins (Direct Act of Unconstitutionality) n. 1.354 and 1.351, led to judgment by small parties to hinder the validity of the clause of barrier, foreseen in article 13 of the Federal Law n. 9.096/95 – Law of the Political Parties. Both judgments had unanimous votings, although divergent decisions. In such way, when it was judged the writ of prevention, it was declared the constitutionality of the barrier clause, whereas in the judgment of the main action, the declaration of unconstitutionality was granted. From this, to evaluate th