Ativismo judicial e democracia: o papel do judiciário em um regime democrático

Abstract

The present study aims to analyze the causes and consequences of Judicial Activism in Brazil, verifying whether the decisions handed down by the courts have observed the will of the original constituent and whether they are adequate to today's social values. To achieve this objective, the conflicting relationship between judicial activism and representative democracy is discussed, primarily on the formation of the Democratic State and the separation of powers, as well as on the constitutional and neoconstitutional movements that were precursors of judicial activism in Brazil, for then understand the interpretative techniques that define the validity of the rendered decisions. Finally, we will analyze the argumentative patterns used by the courts to decide controversial issues, as well as the political and institutional factors that stimulate the activist stance, including in the Supreme Federal Court and how it relates to democracy.