Sartor, B. B., & Ames, M. C. F. D. C. (2020). Alasdair MacIntyre’s Ethics for the analysis of the judicialization of politics in the Supreme Court. In: Serafim, M. C. (Org.). Virtues and Moral Dilemmas in Administration(pp. 236-259). Florianópolis: Admethics.
Summary
In this chapter we propose Alasdair MacIntyre’s virtue ethics to analyze the institution of the Federal Supreme Court (STF) and its practices, especially what is defined as the judicialization of politics.
Firstly, we discuss the role of constitutional jurisdiction and the changes that characterize the judicialization of politics, also considering its limitations. Next, we point out judicial virtues expressed in the guiding principles of the Code of Ethics of the National Magistracy (CEMN) and the Ibero-American Code of Judicial Ethics (CIEJ) (Martins Filho, 2010).
In the third phase, we describe the main characteristics of MacIntyre’s perspective on virtue ethics and then suggest how this framework can be applied to analyzing the practices and institution of the Supreme Court, indicating further developments in ethics in this political forum.
