Democratic recession and judicial populism: the messianic toga under the pretext of moralization and attention to social appeals

Abstract

Although democracy is constitutionally foreseen in Brazil, it is threatened on a daily basis. It is then up to the members of the three Powers to protect it. However, sometimes these threats arise from members of the Powers themselves. Two of the factors that have contributed to the Brazilian democratic recession are populism, especially judicial populism and the messianic use of the robe by magistrates. This research analyzed how these phenomena have reflected on national democracy, having initially conceptualized them; discussed elements that contribute to their emergence and maintenance and, finally, demonstrated how populism and judicial messianism are causing democratic recession and favoring institutional weakening in the country. Judicial activism, thoughtfulness, lawfare, are some of the elements that give rise to populism and judicial messianism. Examples of populist decisions are cited, such as those made by the Lava-jato operation and how this phenomenon has increasingly become established in national courts. The approach used was hypothetical-deductive, supported by bibliographic and documentary research. It is concluded that the Judiciary, under the pretext of political moralism and responses to popular desires, has transformed itself into a superpower, unbalancing the harmony between the powers, making it necessary to impose limits on judicial protagonism.