Open Justice for colonized populations: Exchange of knowledge in the judicialization of political issues

intercambio de conocimientos en la judicialización de cuestiones políticas

Abstract

The intense judicialization of political issues is a reality that imposes reflections about its democratic potentialities. In this context, the article aims to point out how the Judiciary can strengthen the Brazilian democracy, forcing the State to consider the knowledge of historically colonized population sectors. The study is affiliated with the judicial dialogical governance arising from the concept of Open Justice. In addition, the study adopts the sociological definition of colonialism in the understanding of the silencing imposed against sectors of society since the colonial period. Under these theoretical bases, two judgments are mentioned, involving the legitimation of indigenous and quilombo knowledge. At the end, it is concluded that both judgments reveal democratic possibilities of the phenomenon of judicialization of political issues. This is because the Judiciary appeared as a promoter of the egalitarian dialogue between the powers of the State and the social sectors.