Ativismo judicial e democracia: a atuação do STF e o exercício da cidadania no Brasil

Revista Brasileira de Políticas Públicas

Ana Beatriz Oliveira Reis¹  Juliana Pessoa Mulatinho¹  Marilha Gabriela Reverendo Garau¹ 

[1] UNIVERSIDADE FEDERAL FLUMINENSE

关键词: Ativismo Judicial;    Democracia;    Cidadania Ativa.;   

DOI  :  

学科分类：社会科学、人文和艺术（综合）

来源: Centro Universitario de Brasilia

【 摘 要 】

The aim of this work is to demonstrate the overcoming of the model of the Liberal State, especially evidenced in Brazil by the consecration of the principles of the welfare state in our Constitution, legitimizes the possibilities of judicial activism. It aims to discuss the contradictions inherent to judicial activism, especially that played by the Supreme Court, under the Brazilian experience. This academic article examines even if there is a relationship between the advent of judicial activism in Brazil and the limitations of its representative model of democracy. The discussion about the topic presented is fundamental thanks to the emergence of new political actors who express themselves in the streets and show the limits of the current democratic system, for example, in the June days of 2013. This analysis concludes that there is a relationship between the evolution of the state from liberal to social, and the advent of judicial activism, which configuration reveals an inherent contradiction: it demonstrates, on one hand, a greater commitment of the judiciary to the ideals of the welfare state, but on the other, allows judges to decide on mainly political issues, contributing to citizens removal of the public sphere since, as decided by the judiciary, these policy issues lurk in purely technical matters. This is a work tied to a legal-sociological approach, using as technical research historical-legal analysis. The research techniques used are bibliographic, legislative, and judicial review, having been mobilized primarily theoretical categories of judicial activism, low intensity democracy and ideology of competence

【 授权许可】

Unknown