Judicialização da política e a atuação do judiciário no governo Bolsonaro (2019-2022)

Abstract

The objective of this dissertation is to reflect on the institutional dynamics of the relationship between the Judiciary and the other powers during the Bolsonaro government, in order to analyze the phenomenon of the Judicialization of politics in the scope of constitutionality control, based on the Direct Actions of Unconstitutionality (ADI’s) filed by political parties, before the Federal Supreme Court (STF) between the period from January 1, 2019 to December 30, 2022. To achieve the objectives proposed here, a bibliographical research was carried out based on reference authors and a documentary research. Documentary information was obtained through a procedural tool on the STF's digital platform called the Open Court Program, which is free to access. The collection regarding the content of ADI’s authored by political parties was carried out with the aid of advanced search filters. The study was based on the following questions: the procedural class (ADI), the date of assessment (2019/2020/2021/2022) and the active pole (political parties). The variables inherent to these questions were analyzed with the intention of identifying the parties that most resorted to the Judicialization of politics through ADI’s in the collective and individual forms, these focused on: listing the bodies or authorities most demanded in the passive pole of the actions, envisioning the most discussed issues and observe the decision-making behavior of the Supreme Court in the presence of these contexts. The data obtained allowed us to observe that the opposition parties were the ones that most resorted to Judicialization through ADIs. The most active parties were PDT, PT, REDE and PSB, which filed 129/262 ADIs. Regarding joint action, nine opposition parties (PT, PSB, PDT, PCdoB, PSoL, Solidariedade, Cidadania, PV and Rede) made up 18 of the 20 ADI’s of collective authorship. The average number of shares among opposition parties was 25.66 ADI’s and the other parties revealed an average of 6.21 ADIs. The Federal Executive was the most demanded authority in the ADI’s, the then President of the Republic, Jair Messias Bolsonaro, was a party in 162/262 of the ADI’s. The subject most judicialized by political parties during the 56th Legislature (2019 - 2022), was related to the covid-19 pandemic, in all, there were 55 lawsuits filed on the subject. In the universe of 103/262 ADI’s that were judged by the STF, most (69) had their judgment impaired, extinguished or denied. The final merit regarding the constitutionality of the contested acts and norms was discussed in 34 actions, 12 were dismissed, 12 were valid and seven were considered partially valid. Regarding the performance of the Judiciary within the scope of the Bolsonaro government, it was possible to observe that the STF acted by suspending decrees and infralegal acts related to covid-19, and hindered the Executive’s agenda in the fields of weapons, educational, labor and environmental policies. In the criminal sphere, however, the Supreme Court did not advance investigations involving Bolsonaro and his family.