A conflituosa relação entre os poderes executivo e judiciário: uma análise da independência judicial do STF entre os anos 2000 e 2022

Abstract

How has the independence of the Judiciary in Brazil evolved over time, and what are the impacts of the growing conflicts between the Executive and the Judiciary, especially in recent years? This study aims to deepen the understanding of the relationship between the Executive and the Judiciary in the Brazilian context, focusing on the conflicts that have arisen recently. With the turn of the millennium and the promulgation of the 1988 Constitution, the Judiciary gained considerable autonomy, emerging as a prominent actor in the political arena. This raises the central question of how this transformation has affected governance, originally seen as a shared responsibility among the three branches of the republican power. The study reveals that the increasing involvement of the Judiciary in Brazilian politics has led to an escalation of conflicts, with the Government directing growing criticism towards the Supreme Federal Court (STF). The bibliographic analysis highlights that the role of the Judiciary was not solely imposed from the outside but shaped by political actors whose motivations are evident. The methodology adopted employs a descriptive approach based on quantitative data obtained from the Varieties of Democracy (V-Dem) database, covering the period from 2000 to 2022. The research results indicate that, although the Brazilian judicial independence has been challenged by these conflicts, it remains substantially robust. It is concluded that, despite the impacts, the Judiciary's independence has not been effectively fragmented, underscoring its resilience in the Brazilian political landscape.