A INFLUÊNCIA DOS PARTIDOS NA JUDICIALIZAÇÃO DA POLÍTICA

Influence of Parties in the Judicialization of Politics

Abstract

The objective of this article is to analyze the role of political parties in the
judicialization of Brazilian politics, highlighting the use of constitutional review as a strategy to
influence political decisions. The research contextualizes the growing polarization in the
country, which has led parties, especially those with smaller representation in Congress, to turn to the Supreme Federal Court (STF) to challenge legislative decisions and advance their agendas. Judicialization is used as a mechanism for survival and projection, enabling these parties to expand their relevance on the political stage.By discussing the autonomy of
political parties as guaranteed by the 1988 Constitution, the study demonstrates how party freedom encourages a plurality of voices while also facilitating the formation of parties that use the judiciary to oppose the legislature. A comparison with the constitutional review system in the United States reveals that the Brazilian model, being more analytical and comprehensive, provides greater scope for judicial intervention in political matters.The study concludes that the frequent use of constitutional review by political parties contributes to the politicization of the judiciary, compelling the STF to address issues that should be resolved by the legislature, thereby undermining the balance among the three branches of government. The methodology adopted is qualitative, based on bibliographic and documentary research.