Controle jurisdicional de questões políticas no estado democrático de direito: uma revisão da doutrina das questões políticas

Abstract

The present study seeks to review the political question doctrine in the light of what has always been considered a political issue from the emblematic judgment of the Marbury v. Madison. An attempt has been made to visualize the limits of the judicial provision of political issues. In this diapason, this study examined the American jurisprudential construction on the subject, to extract the main aspects that supported the United States Supreme Court over the last two centuries. It was also sought to reposition these points raised under the beam of modern German constitutional thinking that has long inspired Brazilian constitutional jurisdiction. Thus, as we update the discourse engendered by the political question doctrine, we realize the initial proposition. In order to deepen the update, we also seek to analyze the current jurisprudence of the Federal Supreme Court of Brazil about the factual political issues, as well as public policies, which are nonetheless. Regarding public policies, our focus was on contemporary reflections and proposals on the subject in the context of the Democratic state.