Separação dos poderes, legitimidade e democracia : a politização do Supremo Tribunal Federal

Abstract

The institutional crisis faced by the Judiciary Power, which is founded on the excessive politicization of the Supremo Tribunal Federal (Federal Supreme Court) , arouses debates amongst the doctrine authorities concerning the best proposals for the structural transformationso of such Power. The referred situation is approached by the perspective brought by the principles of Separation of Powers, Democracy and Legitimacy, principles which are sculpted in the Federal Constitution of 1988, ruling the organization and functioning of the Brazilian State. Following the sense of the constitutional guidelines, it demonstrates de politicization in concrete situations, in which it was perceived an explicit consonancbetween the decisions of the STF and the government politics, bringing out the difficulties that the court has to impose the implementation of social values and the obedience of the constitutional rules. At last, some comments are made on the need of democratic participation for the establishment of a Democratic State of Law, in which the prerogatives of the exercise of citizenship are indisposable.