STF as a political actor in Brazil: the role of the Supreme Court in the judgement of social policies between 2003 and 2013

Abstract

The research aims to investigate the performance of the Brazilian Supreme Court as an actor who interferes in the formulation and implementation of social policies in Brazil, especially performing as veto player or acting as a partner of the Federal Executive in relation to programs and social policies. The research analyses judicial actions between 2003 and 2013, verifying aspects as legitimacy of actors, applications and substantive examination. It is possible to verify that the Brazilian judiciary has been an actor of constant intervention in this type of public policy, working mainly in the stages of implementation. However, it is possible to envision a new role for the judiciary in relation to the formulation of public policies, where criteria as the agenda-setting and the design of the intervention are part of the Judiciaries' new attributions.