A state-level analysis of judicialization and competition: study of the states of Rio Grande do Sul and Ceará

Abstract

This paper tests the hypothesis, in terms of Brazilian subnational politics, that the judicialization of politics is associated with political competition, thus presenting approaches that associate the phenomenon with factors exogenous to judicial courts. The research analyzes empirical data regarding the intervention of the Federal Supreme Court in the state policies of Rio Grande do Sul (RS) and Ceará (CE), federative units that exhibit high and low levels of competition, respectively. Judicialization rates were found to be higher in Rio Grande do Sul. This is because the political forces in the state are in constant conflict, causing competition to move beyond the scope of the Executive and Legislative branches, extending towards the Supreme Court. In Ceará, however, a small hegemonic elite restricts political competition, precluding the participation of opposition groups in politics, whether in traditional representative bodies or in the courts.