The Constitutional Limits of Judicial Policies through the Lens of Discursive Institutionalism

This article critically examines the constitutional limits of the normative authority exercised by the Brazilian National Council of Justice through Resolutions on judicial policies with social repercussions. It articulates the constitutional paradigm with the analytical lens of discursive institutionalism. The contribution lies in demonstrating how ideas and discourses on efficiency, access to justice, results-based management, and fundamental rights coordinate actors and legitimize practices reshaping interests and institutional arrangements within Brazil’s justice system. The study adopts a qualitative approach based on documentary research and discursive textual analysis of 31 Resolutions, enacted between 2015 and 2025, classified by constitutional overreach risk (low, moderate, and high). Findings show that, although the Council has promoted standardization, transparency, and strategic planning, some Resolutions extend beyond internal management into the domain of sectoral public policies, straining separation of powers, legality and legislative initiative. The article concludes by proposing an analytical protocol and regulatory safeguards to reconcile judicial governance with constitutional boundaries.