Judicialização da política e representação funcional no Brasil contemporâneo uma ameaça à soberania popular?

Abstract

The article has the intention of analyze the phenomenon of become legal the political question and his consequences as the strengthening of the state-owned functional representations of the Law (following the example of the Public Department, of the Magistracy, of the public defender, beyond other state-owned agencies) by means of the crisis of the traditional political representations, like the political associations. The article is going to do a mapping of the favorable or critical positions to the subject that, or perceive in the judicial question the creation of new channels of representation of the society and of exercise of citizenship (C.Neal Tate and T. Vallinder, John Ferejohn, Werneck Vianna, Tereza Sadek) or the that aim to judicial question and the functional representations a threat to the popular sovereignty (Antoine Garapon, Andréas Kalyvas, Rogério Arantes between others), beyond the possibility of formation of an oligarchy (or elite) that would protect the interests of the society, expressing a new form of state-owned authoritarianism, that instead of be manifested in the executive power, as observed Poulantzas in the years 1970, would find itself in the Judicial power and in the functional representations of the state-owned law. The text is divided in four part: to first approaches the meaning of the concept of the judicial question; right away, tries the crisis of political representation and the ascent of the functional representation as consequence of the phenomenon of the judicial question as political, creating new popular demands absorption channels by means of the institutions of the state-owned right; to third exposes the criticisms to the trial of the judicial question like a threat to the popular sovereignty and expressing a new one It forms of state-owned authoritarianism; finally, the conclusion that perceives the State and the assembly of his institutions (or devices) in a relational perspective, understanding them as places of fights between the classes and social groups and penetrated of contradictions and conflicts, from the definition of Poulantzas about the State and the modern right.