DEMOCRACY, JUDICIARY AND CRITIQUE TO JUDICIAL REVIEW

It's not just a fad, but in actuality, the theory of separation of powers and the use of judicial review by the Supreme Courts has taken much of the public debate when referring to the role of judiciary in contemporary democracies. In Brazil, this fact is not diverse and before this context we seek to design a small balance in this article about the main criticisms of the model of judicial review exercised by the Superior Courts, especially in analyzes of Jeremy Waldron and Ingeborg Maus. This comparative perspective presented by these authors can help a new reflection on the national judiciary because, as one can not deny that the Supreme Court has held a strategic position in the political control of various extensions, understand this phenomenon becomes relevant to foster a more refined discussion on the crisis of democratic legitimacy in the exercise of judicial power.