Ativismo judicial e decisões do STF: uma análise ponderada à luz dos princípios da legalidade e da separação dos poderes
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Date
2021-12-12
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Universidade Católica do Salvador
Abstract
This article will seek to promote a critical analysis of the Supreme Court's
Judicial Activism in the search for the effectiveness of constitutional norms, its proactive
performance in the exercise of atypical and original functions of the Executive and Legislative
Powers, in the preservation of the Democratic State of Law. In the foreground, portray the
impact of this expansive performance by the Extraordinary Court, demonstrating the positive
and negative points of this performance. In the background, through a methodology of
descriptive and analytical nature, in view of the need to examine the Brazilian political and
legal situation, it will address some very pertinent STF decisions, with the aim of helping to
understand the topic addressed. Finally, at the end of this article, to establish a critical view of
the fine line between the Supreme Court's Judicial Activism, the preservation of Fundamental
Guarantees and the violation of the Principles of Legality and Separation of Powers.
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Keywords
Ativismo judicial, Supremo tribunal federal, Garantias fundamentais, Legalidade, Separação dos poderes, Judicial activism, Federal court of justice, Fundamental guarantees, Legality, Separation of powers