The vanishing boundaries between technical and political: normativism and pragmatism in the Brazilian courts’ adjustment of public policies

Abstract

In law, normativism and pragmatism have always been under tension and this has been revealed in many different ways. One of its manifestations can be found in adjudication, where the technical/juridical role of the judge has, in many countries, assumed political contours, a phenomenon described as "judicialization of politics". This paper will examine the vanishing boundaries between the technical and the political, using Brazil as an example, and will analyze the hypothesis that the "O único sentido íntimo das cousas É elas não terem sentido íntimo nenhum" Como citar esse artigo/How to cite this article: FONSECA, Juliana Pondé. The vanishing boundaries between technical and political: normativism and pragmatism in the Brazilian courts' adjustment of public policies. Revista de Investigações Constitucionais, Curitiba, vol. 2, n. 3, p. 61-81, set./dez. 2015.