O viés político-partidário na escolha dos membros das supremas cortes na américa latina: um estudo comparado.

Abstract

There is an increase in the influence of the Supreme Courts of Justice in the political trajectory of some Latin American countries, especially after their re-democratization, a phenomenon that gains prominence when the Judiciary is assigned the task of deciding issues of a predominantly political nature, which, priori, it would not be up to the Justice to deliberate. In view of the increase in the political performance of the Superior Courts, it was decided to analyze the relationship between the criteria necessary to win a seat in the Courts, with the possible political activity exercised by members of the Courts, before being invested in the positions. In the countries object of the research, the political element is present in the very act of candidacy to the summit of the Judiciary, as it is a complex legal and political act, with the participation of the Legislative Power and the ownership of the Executive Power. Two criteria were used to assess the political involvement of members of the Courts prior to appointment, namely, membership in political parties and the assumption of commissioned or trusted positions in the federal administration. Given the difficulties encountered in obtaining the necessary data for the research objectives, it was decided to restrict it to five important Latin American countries: Argentina, Brazil, Chile, Mexico and Uruguay. In relation to the time lapse of the research, the issue of new Constitutions or constitutional changes that occurred shortly after the re-democratization of the countries involved was taken into account as the final term, and the year 2018 was the final term, when the beginning of the research. Through a descriptive inferential analysis, at the conclusion of the data processing, it was observed that, as the number of restrictive criteria necessary to ascend to one of the vacancies in the Cortes increases, the number of members with political activity before occupying decreases the positions.