“Crise” da democracia representativa e a função política do judiciário: é o judiciário a "tábua de salvação" da democracia?

Abstract

In the face of popular demonstrations that took place in the Brazilian scene in 2013, it is possible to make two important questions: could we say that that representative democracy in Brazil is in crisis? Has the judiciary the legitimacy to speak for minorities and to adopt an activist way to judge causes in favor of them with the aim of the safeguarding the democracy? From inductive reasoning, this scientific paper seeks to examine those two questions in the light of considerations of legal theorists and philosophers of democracy. Finally, it is argued that, contrary to a supposed crisis, the hyperpolitization of the society means the maturing of democracy and that, by opting for the adoption of activists postures, the judiciary incurs on the indignity of speaking for others, weakening democracy.