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In the midst of the complex reality of Latin America and the gears of the capitalist system, political and legal institutions are intertwined, pressured by old and new problems revolving around democratic legitimacy. At the same time, the Executive and Legislative branches in Brazil are experiencing a crisis of democratic legitimacy and the Brazilian people are passively watching the Judiciary override popular sovereignty, without discussing it further to understand the scale of the problem. Bringing the discussion of democratic legitimacy, from the Legislative and Executive spheres, to the Judiciary, a sphere that traditionally and normally does not discuss this issue, is a challenge at this historic moment of democratic instability that Brazil is going through. These events show that politics is failing to fulfill its mission. As a result, political and social issues, which were previously seen as matters restricted to the political sphere, have been judicialized, involving the Judiciary with issues related to demands that require democratic legitimacy to resolve.
About the author
Francisca Edineusa Pamplona Damacena holds a PhD in Law from the Pontifical Catholic University of Paraná - PUCPR. She holds a Master's degree in Constitutional Law from the Federal University of Ceará. She has a research degree in Law from the University of Santiago de Compostela - Spain. Professor of Law at the Regional University of Cariri - CE.
