JUDICIAL ACTIVISM AND ITS CONSEQUENCES

Abstract

This article addresses judicial activism in Brazil. It presents the most general concepts of the legal nature of this phenomenon, as well as its historical origin and its importance in the Brazilian scenario. It provides examples of causes, such as the broad analytical nature of the Federal Constitution, which provides scope for the discussion of various matters in the context of constitutional review. It seeks to show how such activism negatively affects the public's trust in the Justice system and how it violates the principle of separation of powers. At times, such activism even goes beyond matters that should be discussed in the legislative or executive spheres. The article also briefs how the repercussion given by the media to what is discussed in the Courts greatly exposes the importance of the matter to the public and causes repercussions. Finally, it presents possible solutions to this problem. This article uses the bibliographic research method and uses references to scientific articles and other works available online.