The judicialization of the “megapolitics” from the perspective of institutional dialogue: Brazil and South Africa

In addition to the strengthening of judicial review and the judicialization of politics in countries of the Global South, in the current Brazilian political-institutional crisis, there is also the judicialization of the “megapolitics” as an instrument of the elites to insulate central issues of democratic control, leading to a new kind of political order, called by Hirschl (2008) of “juristocracy”. South Africa is also an example of this more extreme aspect of the judicialization, but its Court enhances a dialogical atmosphere for the design of public policies, with the prior engagement of those interested in seeking solutions, even shared among the Powers. Thus, through a comparative study, especially of the “meaningful engagement” and the “general restrictions clause”, it is analyzed how dialogic mechanisms can contribute to overcoming the political-institutional crisis in Brazil.