This work has as its primary focus the demonstration of the undemocratic character of judicialization of politics. Therefore, it starts up with a critical-descriptive analysis of the main theorists who are against – together termed as the proceduralist analytical axis – and in favor – representatives of the so-called substantialist explanatory axis – of the judicialization of politics, defining also the concept of democracy that will serve as the basic parameter for value judgments to be issued, namely, the deliberative democracy, identified as the one that best fits the profile of the contemporary pluralist societies. To prove the fact that the Brazilian judiciary has operated in judicialization of politics, it cites some Supremo Tribunal Federal’s (Brazilian’s Supreme Court) decisions, as the responsible for the final decision on constitutional matters, explaining where, how and why this activity goes against deliberative democracy. In conclusion, popular participation in deliberative democratic process of opinion formation and political will, and the deference to this discursive consensus by the judicial decisions are pointed as the democratic path to be trodden.