Judicialização da política e politização do direito: a rota estruturante da democracia pluralista e universalista enquanto um sistema público de direito

The paper discusses the questions of judicialization politics and politicization law having as background institutional social consolidation a fascist perspective characterized anti-systemic, anti-institutional, anti-juridical infralegal juridical-political personalism, which is streamlined by implosion judiciary from inside to outside exactly law, with its direct link fratricide political-partisan war in sphere political system. From this starting point, we will reconstruct normative-institutional-procedural fundaments proper pluralist universalist democracy constituted public system are: original correlation concomitant emergence human rights law; ontogenetic primacy, differentiation, autonomy, self-referentiality overposition regarding moral, well subsidiarity moral separation, self-subsistence relation system; systemic, systematic, procedural, mediated, instantial, progressive, neutral apolitical-depoliticized condition strong systemic ideal institutionality, legality, technicality, formality depersonalization; axiological posture impartiality, impersonality, neutrality apoliticity-depoliticization These have goal strengthening self-reflexive, self-controlled self-corrective production universality in/as/by legality and, sense, they implicate constitution an anti-fascist, anti-totalitarian, non-fundamentalist anti-racist democratic rule fights against both anti-institucional, politicization, partisanship reification ensuring centrality rights, pluralism, legal process defining principle, procedure, language symbol own law. Now, reconstruction these very urgent matter order solidify theoretically normatively facing deconstruction fascism hegemonic institutionally socially. &nbsp