ABSTRACT

Introduction: The Political Economy of Judicial Governance The prevailing consensus on judicial governance posits that an independent judiciary is a prerequisite for the rule of law, which entails preventing the misuse of authority and bringing the government to account for its abuses of power. This study argues that it is not a sufficient condition and that it needs to be counterbalanced by the self-restraining mechanisms of accountability. It scrutinizes the role of the Brazilian judiciary in economic policy-making since the restoration of democracy in 1985 and unveils the central paradox of judicial governance in Brazil: while the judiciary constitutes a key institution of accountability, its effectiveness is hampered precisely by its lack of accountability.