Ativismo judicial e judicialização da política: sobre o substancialismo e procedimentalismo no estado democrático de direito

Abstract

The new constitucionalism extended the interventionist level of judicial power. Given the omission of the traditional powers, life judicialization and judicial activism combine themselves to redefine the space of the public policies. About the paper of constitutional jurisdiction, two currents are distinguished; procedural and substantial with their own views on the role of the Constitution and judges in their interpretation. Ihis paper focuses on these currents in crossroads with judicialization and activism, using heideggerian phenomenology as background reading. We also analyse the factors that lead the country to countermajoritarian positions, especially when transindividual patterns are registered within the current context of constitucionalism.