O papel democrático do supremo tribunal federal nas práticas de ativismo judicial

Abstract

The democratic process has now become a guide for all politically relevant issues, be they practical or theoretical. It is possible to note that democracy has undergone several modulations according to the proposals of each government. It is increasingly perceived that the notion of democracy that we have today has been improving in relation to the notions of democracy, since its origin. A nation's level of democracy has direct consequences for human rights, as well as fundamental rights, to the extent that it extends or diminishes those rights. In a society in which a representative or participatory democracy is established, its representatives are increasingly calling for a greater commitment to promoting development and social justice, even though the practice points in a different direction. Apparently, participatory democracy has been weakened, to the extent that it does not fully meet the needs of society, causing certain groups considered minority to not be effectively represented or attended to in their needs. In view of the insufficiency of representativeness and effectiveness in promoting and guaranteeing rights, the bodies of the Legislative and Executive Powers seem inert in the implementation of public policies. It should be noted that the enactment of laws, by the representative bodies, fails to reach the various social segments. These laws often lack constitutionality. Indeed, it is clear that the Public Power proves to be ineffective in the implementation of public policies. For this reason, it was sought to guarantee these policies and legislative omissions, through the judicial system. The 1988 Constitution, promulgated in the period when the process of redemocratization of Brazil begins, gave the Supreme Federal Court the attribution, in a more comprehensive way, of the constitutionality control of laws and normative acts. And, this instrument has been used to implement, obtain and fulfill fundamental rights and guarantees. In this perspective, this paper seeks to analyze the democratic character of the Supreme Federal Court in the practices of judicial activism.