PROCEDURAL TRUTH, DISCRETION AND JUDICIAL ACTIVISM UNDER LUIGI FERRAJOLI’S GUARANTISTIC PERSPECTIVE
This paper aimed to analyze and contrast the concept of judicial activism with the ideas of procedural truth and discretion based on Luigi Ferrajoli’s guaranteeism. To this end, a small study of the main elements of guaranteeism was carried out, followed by an examination of procedural truth and its...
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| Tipo de documento: | artigo |
| Estado: | Versão publicada |
| Data de publicação: | 2023 |
| País: | Brasil |
| Recursos: | Publicação independente |
| Repositório: | Isagoge (Niterói) |
| Idioma: | português |
| OAI Identifier: | oai:ojs2.www.telosjournals.com.br:article/141 |
| Acesso em linha: | https://www.telosjournals.com.br/ojs/index.php/isa/article/view/141 |
| Access Level: | Acceso aberto |
| Palavra-chave: | Judicial Activism Guaranteeism Neoconstitutionalism Principles Discretion Ferrajoli Ativismo Judicial Garantismo Neoconstitucionalismo Princípios Discricionariedade activismo judicial garantías neoconstitucionalismo principios |
| Resumo: | This paper aimed to analyze and contrast the concept of judicial activism with the ideas of procedural truth and discretion based on Luigi Ferrajoli’s guaranteeism. To this end, a small study of the main elements of guaranteeism was carried out, followed by an examination of procedural truth and its relationship with discretion. In the last part, a critical conceptualization of judicial activism and neoconstitutionalism was carried out, using guaranteeism as an argumentative basis. So it was possible to identify a latent incompatibility between judicial activism and procedural truth, in addition to the perception that the guarantistic discretion is far less harmful to law than the subjectivity of principlist constitutionalism. |
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