Polarização perniciosa no Brasil e padrão decisório no Supremo Tribunal Federal.

Abstract

The present study sought to problematize the phenomenon of polarization and politicization of justice, and the consequence of these phenomena in the decision-making pattern of the Federal Supreme Court. Faced with the problem, the general objective of the research was to analyze whether or not the Federal Supreme Court would have been influenced by Brazilian politics. As specific objectives, well defined judicially, presented as the conceptual concepts of constitutional democracy and its relationship with the constitutional polarization of the Federal Court, then conceptualizing terms such as politics and activism, and their relationship with the politicization of justice. Then, it was sought how the Judiciary and, in particular, the Federal Supreme Court is currently part of the discussions on governability. Then, we sought to empirically analyze whether the Federal Supreme Court was somehow influenced by political polarization, compromising its functional independence and necessary impartiality, emphasizing the importance of the STF for Brazilian democracy, and how pernicious polarization, having as one of the main targets of the Federal Supreme Court, are a danger to democracy. Finally, it was concluded that it cannot be said that polarization has currently influenced the decision-making process in the Federal Supreme Court, since the difference in the success rate between the ideologies remained stable throughout the period studied.