JUDICIALIZATION AS A FORM OF “IMMUNIZATION” OF DEMOCRACY AGAINST POPULIST CONTAMINATION A JUDICIARIZAÇÃO COMO FORMA DE “IMUNIZAÇÃO” DA DEMOCRACIA CONTRA A CONTAMINAÇÃO POPULISTA
Tipo
Artigo
Data de publicação
2021
Periódico
Journal of Law and Sustainable Development
Citações (Scopus)
2
Autores
Filho O.V.B.
Orientador
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ISSN da Revista
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Membros da banca
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Resumo
© 2021 Campo Juridico. All rights reserved.Objective: To analyze the process of judicialization, as defined in the “political sociology of law” proposed by Jacques Commaille, as a form of “immunization” of democracy against populist contamination. Methodology: A literature review was carried out in articles and books that focus on the phenomenon of judicialization from the “political sociology of law” and on Pierre Rosanvallon's thesis on the complexity of the contemporary democratic experience that leads to the consideration of new forms of legitimacy (impartiality, proximity and reflexivity). Originality: From an interdisciplinary perspective, the study mobilizes contributions from the “political sociology of law”, proposed by Jacques Commaille, and from Pierre Ronsavallon's analysis of democracy and populism. Results: It was found that the populist contamination of democracy can be contained by the judicialization process. Contributions: the study highlights the fruitful nature of interdisciplinary analysis for understanding the complex relationships that exist within the scope of the relationship between law and politics.