From to the Liberal State into the Social and Democratic State of Law: Analysis of the Emergence of Judicial Activism

Revista de Processo, Jurisdição e Efetividade da Justiça

Alexandre Luna da Cunha¹  Paula Zambelli Salgado Brasil¹ 

[1] Universidade Presbiteriana Mackenzie, São Paulo;

关键词: Estado liberal;    Estado social;    Estado democrático;    Ativismo judicial;   

DOI  :  10.26668/IndexLawJournals/2015.v1i1.241

来源: DOAJ

【 摘 要 】

This article will examine the relationship between the judiciary and the effectiveness of social rights and, consequently, the vaunted judicial activism. More specifically, the article will answer the following question: the role of the judiciary has changed with the development of state models? Article develop their problem by analyzing the function of the judiciary in each of these rule of law models: the Liberal, Social (in spite of that State have not been fully implemented in Brazil) and the Democratic. To do so, take into account the relationship between the established powers republish, social movement for the conquest of rights and assertiveness of a new generation of rights. The "Judicial activism" is analyzed as the practical consequence of a new constitutionalism, more guided in the realization of social rights outlined in the constitutions of democratic character.

【 授权许可】

Unknown