A reforma da justiça na perspectiva da crise do Estado brasileiro

Abstract

This article aims to discuss Judiciary’s reform in the general scenery of the reform of Brazilian State. The hypothesis is that thecrisis of the Brazilian State in the 1980’s and the 1990’s, combinedwith democratic transition, caused a double opportunity forJustice’s intervention in the political sphere. The Judiciary is anorgan of the State bureaucracy responsible for distributing justice,and in this respect any proposed reform of the State (and theJudiciary in particular) that may contain the expansion of publicexpenditures affects the Judiciary, not only in what concerns theircorporative defenses, such as those related to its functional andadministrative autonomy, as well as it is mobilized as the guardianof the new citizenship achieved through out the long and slowprocess of democratic openness.