As múltiplas dimensões da judicialização da política e os usos sociais do controle de constitucionalidade: Porto Alegre/RS como objeto de estudo
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Data
2008-08-19Autor
Carvalho, Rogério Aparecido Fernandes de
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The present paper seeks to investigate the multiple theories and manifestations of the contemporary phenomenon of the "judicialization of politics," which will be focused in its most important theoretical apprehension: as a manifestation of the exercise of judicial control of constitutionality of laws. For this, the "judicialization of politics" will be analysed in three different dimensions: the institutional one, in which the necessary conditions, causes and institutional arrangements will be described so that policy is judicialized; the social one, in which the several social uses of systems of control of constitutionality by the social actors will be analysed; the normative one, where the legal-dogmatic contents that involves the control of constitutionality will be studied, and how they can shape the process of judicialization. Finally, a aspect still little researched of the phenomenon will be explored - the "judicialization of politics" in the local scope - with the presentation of a study under the caNenhuma