A corte suprema e o seu papel atual perante a sociedade: Judicialização e ativismo judicial, meios adequados?
The present article proposes an analysis of the current performance of the Federal Supreme Court before the society. The Court's action, as well as countermajority, became also representative, in meeting the social demands not satisfied by those elected through a majority system. The "popu...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2019 |
| País: | Brasil |
| Institución: | Instituto de Direito Constitucional e Cidadania (IDCC) |
| Repositorio: | Revista do Instituto de Direito Constitucional e Cidadania (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs2.revistadoidcc.com.br:article/12 |
| Acceso en línea: | https://revistadoidcc.com.br/index.php/revista/article/view/12 |
| Access Level: | acceso abierto |
| Palabra clave: | Supremo Tribunal Federal Papel Contramajoritário e Papel Representativo Democracia Judicialização Ativismo Judicial Federal Court of Justice Countermajority Paper and Representative Pape Democracy Judicialization Judicial Activism |
| Sumario: | The present article proposes an analysis of the current performance of the Federal Supreme Court before the society. The Court's action, as well as countermajority, became also representative, in meeting the social demands not satisfied by those elected through a majority system. The "populism" brought to the Judiciary must be observed so that there is no deviation, and decisions must always be based on the balance, observance of the observance of fundamental rights, norms, values and constitutional principles, always aiming at social welfare. Through the search for the effectiveness of the rights, the number of lawsuits has increased considerably, and the Judiciary, called to manifest itself, in order to guarantee the rights provided for in the laws, gives the final say on political, social, economic or moral issues. , thus, the judicialization. On the other hand, when his role is more proactive and expansive in interpreting the Constitution, he does so through judicial activism, which is not confused.From this point of view, the aim is to demonstrate the importance of judicialization and judicial activism and the balance that must always be observed in order for the State to remain democratic, that is, non-elected judges enforce the laws, which were elaborated by the representatives of the people, those who are elected. Therefore, whenever the Judiciary is called to manifest it must do so in order to ensure the good of all, respecting the will of the majority, which is verified through democracy. |
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