THE IMPROVEMENT OF JUDICIAL ACTIVISM X DIVISION OF POWERS IN THE BRAZIL

Abstract

The study investigates judicial activism and the division of powers in Brazil, focusing on the interventions of the Federal Supreme Court (STF) and their implications for the country's political and legal system. Considering the context of an increasingly active Judiciary, the work seeks to understand the power dynamics between the Executive, Legislative and Judiciary branches, as well as the challenges faced in maintaining institutional balance. The objective of the study is to analyze the impact of the STF's judicial activism on the division of powers in Brazil, investigating its implications for democracy, the rule of law and the Brazilian political system. To achieve this objective, the work employs a methodology that combines bibliographic research, interviews and documentary analysis. The methodology adopted includes an extensive literature search to review existing literature on the topic, interviews with a representative sample of participants, including lawyers, judges, legislators and ordinary citizens, and documentary analysis of official documents and relevant case law. The selection criteria for sources and participants were based on thematic relevance and the representativeness of different perspectives in relation to the topic under study. The data collected was analyzed by identifying patterns and trends, with the aim of providing insights into the power dynamics between the powers and perceptions in relation to the STF. The survey results reveal a variety of perspectives and opinions regarding the role and performance of the STF in the Brazilian political system. Although a significant portion of participants recognize the STF as a source of institutional balance, there are also concerns about possible excesses and imbalances in the relationship between powers. The study highlights the complexity of relations between powers in Brazil and the importance of seeking a healthy balance between them. Although the STF's judicial activism can play a crucial role in protecting fundamental rights and promoting social justice, it is essential to ensure that its interventions do not compromise the principle of separation of powers and the country's institutional stability.