T06P08 - Judicial Institutions, Democratic Participation and Policy Implementation

Topic : Policy Implementation

Panel Chair : FLAVIA DANIELLE SANTIAGO LIMA - flavia-santiago@uol.com.br

Panel Second Chair : IGOR MACHADO - igorsuzano@gmail.com

Panel Third Chair : TASSIANA OLIVEIRA - tassioliveira@gmail.com

Objectives and Scientific Relevance of the panel

The objectives of this proposal are 1. To study the relation between social movements and judicial institutions; 2. To analyze judicial institutions as an arena of political demands; 3. To investigate the presence of judicial institutions in the implementation - or not – of public policies; 4. To measure the impact of judicial institutions in the determination of the budget management and the balance - and possible dialogue - between political branches; 5. To search for interferences of judicial institutions on political dispute; Finally, 6. To contribute to theoretical works that discuss the relation between Law and democracy – in a normative approach, how that relation should occur, or,  in an epistemological approach, how it should be studied.

The presence/existence of institutions and agents that are attached to the ‘’judicial world’’ in political scenario has been drawing attention of scholars who are interested on the impacts it might cause on environments that were traditionally idealized as environments inhabited by other kind of institutions and social actors such as social movements, parliamentarians and public managers. It is questionable to assure that courts have begun to step into politics only recently or that there is an increasing invasion of courts to politics, since the several ways this invasion might assume do not necessarily present the same regularity along time and space. Even so, a context like the Brazilian one, after the 1988’s Constitution, still seems to cause a stir. In this context, democracy coexists with judicial institutions (as Courts and the “Ministério Público”) that were empowered with an extraordinary strength since they have received the herculean mission of making concrete the extensive list of political, civil and social rights, that have been created by this constitution. Despite of brazilian´s peculiarities, the judicialization of public policies is a global phenomenon. It can now be said that there´s a broad study network shared between social scientists, jurists, philosophers, economists, statisticians, etc., that focus exactly on examining the relation between law and politics, and, more specifically, on law and politics in democracy. To exemplify, there are a lot of theoretical and empirical studies about positive and negative legislative policy making of courts through judicial review and its repercussion. With that in mind, an event that aims to increase the academic debate and enhance the interdisciplinary research field related to participation, democracy and public policies cannot avoid to give specific space to discuss the impact of judicial institutions in democratic participation and public policies full achievement, as the several research topics mentioned above. Who and with which interests, has been looking for courts and its auxiliary institutions as prosecutors and attorneys? What is the impact of that in the relationship between the civil society and State and between Executive, Legislative and Judicial branches? The use of the legal system to public demands amplifies or mitigates the democratic experience? These are some of the questions of undeniable impact on the political field, about which the debate about policies implementation should not ignore.

Call for papers

The judicial arena has been converted into another channel of representation of collective interests and political pressure. In this context, it has highlighted the role of judges at all levels of the judiciary, including its dome organs and constitutional courts. Nevertheless, not only judges, but other judicial institutions, also has taken on prominent position, ensuring, this way, that juridical language and juridical procedures permeate lots of conflicts of interest in civil society. Legal procedure instruments (public civil actions, terms of adjustment of conduct, judicial review actions, injunctions, etc) have been mobilized by the most diverse interest groups – from social movements to business associations, from common populations to political elites – who resort to judicial institutions to be heard in defense of their rights and effectiveness of public policies. Having this in mind, the present Thematic Seminar aims to debate the presence of judicial institutions in democratic politics. The proposal tries to reunite researches characterized by the scrutiny of qualified scientific debate that distinguishes this event. Thus, we would select theoretical and empirical works,  that discuss especially 1. the relation between social movements and judicial institutions. 2. Judicial Institutions as an arena of political demands. 3. The presence of judicial institutions in the implementation - or not – of public policies 4. The impact of the judicial institutions in the determination of the budget management and in the balance and possible dialogue between political branches 5. Interferences of judicial institutions on the political dispute. 6. Theoretical works that discuss the relation between Law and democracy – from a normative approach, how that relation should occur; or in an epistemological approach, how it should be studied. Given the international nature of the meeting, studies about different national realities are welcome.

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