DECISIONS BY THE JUDICIAL POWER GENERATE A CRISIS IN THE HARMONY AND INDEPENDENCE OF THE LEGISLATIVE AND EXECUTIVE POWERS, THREATEN DEMOCRACY AND CAUSE LEGAL INSECURITY

Abstract

The present article aims to elaborate an analysis on the constitutional consonance of monocratic decisions of the Judiciary Power that have received harsh criticism and generated a serious crisis in the autonomy of the other powers. Through extensive and rich review of bibliographic literature, the study addressed three distinct segments related to the institutionalized crisis among the three Powers of the Republic. Firstly, the theoretical framework expressed in the 1988 Constitution was dealt with, which emphatically shows the areas of action and competence of the powers: Executive, Legislative, and Judiciary. Secondly, arbitrary decisions of the Judiciary Power, politicization of the judiciary, and judicial activism were discussed. And in the third segment, the impacts of this institutional crisis on Democracy and the legal insecurity provoked in Brazilian society were addressed.