A judicialização da política e o problema da lei complementar nº 135/2010: uma análise da democracia contemporânea revisitada pela intervenção jurisdicional

Abstract

The Complementary Law nº 135 of 2010, intended, since the popular intervention - present within the participatory democracy, to inaugurate a new phase in the process of representative democracy in Brazil, bringing to the field of ineligibility new assumptions of legitimacy for the policy. However, such a proposition dragged the debate on the issue of jurisdiction for the environment (constitutional, in particular) as well as "justice specialist" election. This is the reference frame that put the debate in this dissertation, making us walk around the democratic tradition, the issue of ineligibility, the constitutionalism and its guarantees, the profile of the contemporary state and the role of their institutions. In the end, the open questions, which guided the debate, led to new places and new questions.