O uso político “das Cortes pelas Cortes” num cenário de judicialização: os “Tribunais” como juízes de si mesmos

Abstract

Starting from a conception of critical theory of society, this work problematizes the relation between law and politics according to the "political justice" theory, the actuation of Brazilian judiciary in autharchy zones (zonas de autarquia), the supposed "invasion" of the judicial arena by the politics and the "Activism" that makes the courts be accused of replacing the legislator (and therefore disrespecting the will of the people). Then, the central problem of the research is translated into the following question: how Brazilian jurisdiction manifests itself and relates to political power, in a theoretical perspective of "political justice", in the face of disputes in which magistrates are litigants and discuss acts directly or indirectly related to the administration of justice? In order to analyze it, however, it was based on concrete cases that allow to see these phenomena in the daily praxis of the judiciary. The cases studied test whether, in lawsuits involving magistrates' interests, the judicial apparatus can be more easily mobilized for the benefit of the judges. To this end, in order to contribute to the quest for social emancipation with the radical democratization of the public spheres, limitations of the tripartite theory of the "powers of the state" and of some institutional blockades presented by the judiciary were brought to light. Finally, it was pointed out that the national judiciary has a protective behavior of its privileged position of exercising sovereign power, getting to concentrate in itself all the state functions at once. When the distribution of power between the courts and other political-social actors is focused, the judiciary usually reinforces its power, protecting the interests of its members and removing agents who want to put them in doubt.