O poder judiciário como via integrativa entre política e direito uma análise a partir da força normativa da Constituição

Abstract

This article has the general goal, based on the Normative Force of the Constitution Theory, to demonstrate how and to what extent the Judiciary can function as an integrative way between Politics and Law, in view of the growing phenomenon of the Politics judicialization, observed in countries whose legal systems are based on governing Constitutions and with open-textured norms. The research is developed around three specific objectives, namely, explaining the Normative Force of the Constitution Theory, highlighting the way in which fundamental rights can be better implemented, as well as conceptualizing and demonstrating the politics judicialization. This study is justified by the necessity that the Law operators, especially those involved in the Justice System, understand the portion of responsibility that judicial decisions have not only in the legal field, but also in the political field. The methodology used includes legal, documentary and bibliographical researchs, of exploratory kind, explicative character and qualitative analysis.