Judicialização da política e ativismo judicial: um esforço pela organização do cenário

Abstract

During these last decades, many scholars have studied the judicialization of politics and the judicial activism phenomena. However, there is still no pattern which allows the creation of a unique and adequate concept for each one of them. On the contrary, what we notice is an increased loss of the meanings of both phenomena, raising the difficulty to comprehend their usage in texts, especially considering thatthe same term is very often used with different or even opposite meanings. Besides, in some cases, scholars use both terms as synonymous, which increases the difficulty of understanding their real meanings. Considering this situation, this dissertation has the objective to identify, in the global expansion of judicial power, the origins of each phenomenon, as well as the main patterns applied to both terms, andadopting as a starting point that there are no right or wrong meanings, but more or less adequate meanings to study the facts. In the same way, we avoid labeling the phenomena as good or bad, but using it, as often as possible, with a neutral point of view. We intend, with this paper, to show the different significance of both terms in literature and make it easier to understand them. We intend to suggest that scholars in future studies concerning this subject at least try to keep a coherent line of usagewith the concepts created before and, if possible, explain in advance the exact meanings chosen for to the terms they want to write about.