THE RISK TO SEPARATION OF POWERS: THE NEGATIVE SIDE OF JUDICIAL ACTIVISM

Abstract

This article aims to demonstrate the functions of each of the three branches of the Union, demonstrating the importance of remaining independent and harmonious with each other, as determined by the Constitution. It discusses the concept of judicial activism, highlighting its characteristics and consequences in the contemporary scenario, exposes how judicial activism can contribute to the current legal insecurity, bringing risks to democratic legitimacy by externalizing the non-observance of the separation of powers. The work was prepared based on bibliographic research, which is a form of research based on a work consultation made by third parties.