Judicialização da política no Brasil: um estudo de caso sobre o inquérito das fake news e os conflitos entre o Supremo Tribunal Federal e os demais poderes

Abstract

The image of the Judiciary in Brazil, particularly the Federal Supreme Court, is complex and multifaceted. This work analyzes the judicialization of politics in the Brazilian context, focusing on the STF, and seeks to understand how and why this phenomenon occurs, as well as its implications for democracy and the rule of law. According to the image diagnosis of the Judiciary in Brazil, the STF is an institution under constant pressure. At the same time that public confidence in the Judiciary is low, and there is a perception that the system is inefficient and inaccessible to many Brazilians, it is also the guardian of the Federal Constitution and in fulfilling this role it has played a crucial role in maintaining the democratic rule of law. At the same time that among the three powers it is the one that enjoys the most credibility from the population, this image is tempered by criticisms of its difficulties and challenges, including slowness, lack of transparency and accessibility, and the perception of impunity for the powerful. In this context, the judicialization of politics stands out. This phenomenon is associated with the expansion of the role of constitutional courts in the political arena, beyond constitutional limits. This implies that constitutional courts, like the STF, are playing an increasingly active and influential role in politics. This trend is often supported, tacitly or explicitly, by powerful political agents who see the judicialization of politics as a way to advance their agendas or resolve political disputes. Brazil has a complex system of constitutionality control, where any judge, at any level, can declare the unconstitutionality of a normative act in concrete cases. Parallel to this, the STF occupies the top of the jurisdiction and acts as a Constitutional Court, Appellate Court and First Instance Court for authorities with privileged jurisdiction. This places the STF at the center of politics, in many situations, even controlling the directions of politics. In the last ten years, the most relevant issues of moral, political and/or economic nature in the country had the last word given by the STF. This demonstrates the crucial role that the STF plays in Brazilian society. This work examines how the judicialization of politics has taken place within the court through the analysis of decisions to institute, file and judge the constitutionality of the inquiry 4781/DF, better known as the STF’s fake news inquiry, highlighting the complexity and political tensions involved, as well as the different interpretations of legal principles. The analysis concludes that the STF plays a crucial role in protecting democratic institutions and provides important insights into the interaction between the STF and politics in Brazil, as well as the implications of these interactions for democracy.