The Courts, Law, and Democracy in Brazil
In: International social science journal: ISSJ, Volume 49, p. 241-252
ISSN: 0020-8701
Analyzes the interaction between the growth of democratic politics in Brazil & the evolution of judicial politics in the context of democratic institution-building, 1988-1996, drawing on a variety of evidence, including public opinion polls & court records. It is found that, as democracy has expanded in Brazil, so has the role of the judicial courts. However, the performance of the Supreme Court during this period is described as ambivalent, as it has both practiced judicial restraint & been politically assertive. Its political activity has taken place in the context of an increased public awareness of the judiciary's power, greater resort to the courts by political parties, & calls for judiciary reform to make it a less-autonomous institution. In this context, the court's assertiveness has not been a regular or sustained feature of its activiites, as it has traded token decisions & declarations to preserve its institutional autonomy. It is suggested that the attainment of political autonomy by the Supreme Court may represent its marginalization. 4 Tables, 2 Photographs, 17 References. Adapted from the source document.