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Watching the Watchmen: Brazilian Supreme Court's Chief Justice Role in Checking Lower Court's Judicial Activism

Ernani Carvalho
Universitat Pompeu Fabra
Ernani Carvalho
Universitat Pompeu Fabra

Abstract

This paper introduces a new focus in the field of political judiciary studies, notably in Brazil: when using a very singular institutional tool - the writ of suspension - the executive branch, elected by majority vote, requests the judiciary to check its own bodies, in activist behavior in order to preserve the continuity of its policies, regardless of questions about its legality and / or constitutionality. In Brazilian legal system, the mounting application of the writ of suspension – a procedural instrument created to guarantee policy and legal stability and to block all divergent judicial decisions in lower court level – appears as a new dimension to the Judicialization of political issues or a reaction to judicial activism, favoring Executive branch interests.