JUDICIAL ACTIVISM IN THE DEMOCRATIC STATE OF LAW FROM THE PERSPECTIVE OF LEGAL ETHICS

Abstract

Judicial Activism is characterized as one of the subjects with considerable notoriety today, and despite this, many questions have been raised regarding this practice and the illegalities that may arise from it. With this as an assumption, initially this article will address the historical evolution of the separation of powers, as well as its implementation in the 1988 Federal Constitution, considering that it is essential to address, first of all, the starting point of the problem. However, judicial activism will be discussed, its concept, application and how it is constituted in the Democratic State of Law. Furthermore, the practice of activism by the STF will be discussed, imperatively in the case of the Fake News investigation, citing the ADPF (Claim of Non-compliance with Fundamental Precept) presented to the STF, by the Rede Sustentabilidade party and the illegalities highlighted when the aforementioned investigation was launched. by jurists and scholars. Furthermore, a comparison will be made between the practice of activism and legal ethics, and how judges behave and/or should behave regarding them.