Fatores reais de poder e o judiciário brasileiro: um estudo de caso sobre a decisão de prisão em segunda instância

Abstract

The law is power - and not just because that's brother-twin of politics. For this reason, only the law - or the idealized situation of self-controlled authority - can discipline the latent power contained in politics. In 2009, Supremo Tribunal Federal (STF) determined that the defendant could only be arrested after the final res judicata (that is, after appealing to all instances). In this context, the non-minister, Barroso maintained the opinion that public opinion is a relevant extra-juridical factor in the decision-making process by judges and courts. The recent phenomenon of emptying politics in favor of the constitutionalization of matters of national relevance has led to the expansion of discussions about the last word and dialogue. For this, the literature has so much inclination by judges and courts, or by legislators and parliaments, as it gives a solution based on constitutional dialogue, as a third way to overcome extremism, hostilities, or on the other hand, to avoid the simple deference of the courts .