Crítica hermenêutica do direito eleitoral: O julgamento da chapa Dilma-Temer no tribunal superior eleitoral

Abstract

This academic research aims to analyze the electoral jurisdictional activity under the focus of the Democratic Rule of Law, constitutional democracy and contemporary constitutionalism (Streck). The research focuses on presenting postures arising from the exercise of the electoral judicature from the judicial processes submitted to it, in order to demonstrate that the bet on judicial protagonism (activism) has been a marked mark in this branch of law, that is, in law. Electoral. As a clipping, the study will raise the case of the revocation of the Dilma-Temer Plate, decided definitively by the Superior Electoral Court (TSE) in mid-June 2017, the "judgment of the century" in the Brazilian Electoral Court. It is a hermeneutic critique of Electoral Law based on the judgment of the Dilma-Fear Plate by the Superior Electoral Court (TSE), in which we will seek to extract from it several unsustainable philosophically and constitutionally incongruities, something that will make possible, with Streck's Hermeneutic Critique of Law, denying judicial activism in Electoral Justice, a phenomenon that is ultimately the enemy of representative democracy. As a methodology, the research will adopt the inductive and qualitative methods.