O sistema político brasileiro hoje: O governo do supremo tribunal federal e legitimidade democrática

Abstract

From a traditional perspective whose theoretical framework is the so-called theory of separation of powers formulated in continental Europe, the organs of the judiciary are not seen as genuine elements of the governmental system. This article proposes and develops the central thesis that the Federal Supreme Court is an original element of the Brazilian government. The widespread idea that any act of government by the Supreme Court involves a misappropriation in the form of a so-called judicialization of politics was adopted as a critical counterpoint. Against beliefs that remain rather unchanged, we tried, on the one hand, to demonstrate the relevant and functional role of the Supreme Court in the production of a political discourse. On the other hand, we sought to identify how the ministers of the Supreme Court see the fact that they act in the production of the political order. In addition, by means of content analysis of judgments issued by ministers, we sought to detect the presence of words or expressions that might represent metadiscourses within the main discourse, and which could give some clue about their self-image and correlated legitimacy.