THE IMPACT OF PUBLISH OPINION ON THE JUDICIARY
Abstract
This article is dedicated to the legal study of the current situation of Brazilian democratic society based on its core elements, among which are the rule of law, legal security, and due process of law, seen as fundamental guarantees and limits of the precepts and objectives established in the 1988 Constitution of the Republic. The importance of this constitutional defense is discussed as derived from the possible political pact established since then, aimed at promoting a return to civil and political liberties in the country after two decades of dictatorship. It is in this context that the behavior of the Judiciary is observed, in light of its role instituted by the 1988 Constitution of the Republic, in an analysis focused on the theory of judicial decision. To this end, the production of judicial decisions as exceptional measures is investigated, if founded on opinions that are foreign to the constitutional dictates, without the primacy of the constitutionalized democratic mechanisms. In the analysis of judicial decisions through the procedural limits of republican institutions, it is verified whether or not there is an association with a media pseudo-public opinion, in which the public opinion built in a democratic public sphere is replaced by public expressions of private preferences, thus verifying to what extent they relate to the constitutional pact.
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