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The article develops a study of the function performed by the magistrate, in order to verify if he is a public servant, or if he is a political agent - defended by the Federal Supreme Court and the present work. In order to evaluate the legal nature of the judge's function, the work carried out a historical rescue of modern constitutionalism. After, the analysis of two movements strengthened by the Federal Constitution of 1988, judicialization and judicial activism. In the end, it was pointed that the function of the magistrate in the exercise of his activities has eminently political character.

revista de teorias da democracia e direitos políticos

Juiz, Agente Político ou Servidor Público? Análise Crítica da Natureza Jurídica da Função Jurisdicional a Partir do Constitucionalismo Moderno e do Ativismo Judicial