Judicialização da política como bonapartismo judicial brasileiro: a atuação do STF no golpe institucional ao governo de Dilma Rousseff.

Abstract

The current political and economic crisis brings to the fore the need to critically guard against a storm of information arriving daily by traditional media as well as social networks. In this context, one of the points that deserves further clarification is the decisions of the Brazilian courts, seemingly coherent and involved in technical explanations, in the face of issues of public interest that should be decided through democratic mechanisms. Some political parties have used justice to weaken their opponents. This strategic use of justice for short-term ends reveals individualism that also wins political life, strengthens judicialization, judicial activism, and makes room for lawfare. Over time and the evolution of modes of production, capitalism was shaping the state, which despite enjoying relative autonomy, since its inception has the intention of reproducing capital. By means of decisions that surrounded defense, illegal eavesdropping, disclosure through the media, denunciations without material evidence, the judiciary was drawing the coup. This paper analyzes the role of the Federal Supreme Court during the institutional coup of the Dilma Rousseff administration from October 26, 2014 (re-election of Dilma Rousseffe) to July 5, 2016 (Decision of Minister Ricardo Lewandowski mitigated Dilma's defense during the offside process). Seeking to demonstrate that the role of judicialization of politics, judicial activism and lawfare played during the Institutional Coup. Highlighting the functioning of the structure of the Democratic Rule of Law, conducting a historical study seeking the roots of the judicialization of politics and its introduction in Brazil. After dismissing the president elected by popular vote, this power guaranteed the continuity of the plans of the ruling classes. He kept Lula in jail with a case of irregularities, with weak material evidence and based mainly on award-winning allegations. The judiciary becomes the new Bonaparte. Supported by the people as a combatant of corruption and as a guarantor of order. Endowed with impartiality and technicality. If in 1851 the coup used tanks and bayonets, Dilma Rousseff's institutional coup in 2018 was given in the form of legality and order.