3° Encontro Nacional ABRI 2011


ISBN 2236-7381 versão impressa

Resumo

LEAO, Ênio Saraiva. Revisão judicial e seu impacto na política externa brasileira pós-1988: o STF é um novo ator em política externa?.. In: 3° ENCONTRO NACIONAL ABRI 2011, 3., 2011, São Paulo. Anais eletrnicos... Associação Brasileira de Relações Internacionais, Instituto de Relações Internacionais - USP, Disponvel em: <http://www.proceedings.scielo.br/scielo.php?script=sci_arttext&pid=MSC0000000122011000200001&lng=pt&nrm=abn>. Acesso em: 16 Abr. 2024.

Nowadays, it has been increasing the number of studies regarding judicialization of politics, a phenomenon in which many political matters have been dislocated from the political discussion to a judicial Court. Nevertheless, little has been argued about the consequences of this effect to the States conduct concerning foreign relations. In an interdependent world, the domestic politics influences and are influenced by external contexts, and the national Judiciary tends to judge based in the national law and context. This lack of observation could result in many unpredictable costs for the State. But, on the other hand, this phenomenon has been understood for some researchers as a new way of popular participation in an area usually dominated by the Executive and Legislative power and theirs bureaucrats. By analyzing quantitatively Brazilian cases since the promulgation of the new Constitution (1988), it was noticed the Supreme Court's increasing importance and capacity of influence over the others powers during the decision making process, becoming an important veto point at Brazilian political scenery. Therefore, this paper aims to analyze the consequences of judicialization of politics in foreign policy, and try to understand the behavior of this actor, which has become fundamental to political decisions success.

Palavras-chave : Judicialization of politics; Foreign Policy; Brazil.