INERT POWERS AND THEIR CONSEQUENCES FOR JUDICIAL ACTIVISM

Abstract

This article aims to present the conditions that lead to the inertia of one of the state powers, culminating in the manifestation of judicial activism. This article will address, in particular, the positive aspects of Brazilian judicial activism, a phenomenon in which the Judiciary often finds itself compelled to exercise their authority to compensate for the inertia of the Legislative and Executive powers, when the latter does not fulfill its role in the social sphere, it is observed that judicial activism is a way of filling gaps that the powers. have not filled. The methodology that will be used will use bibliographical research, exploring academic works, articles, in particular the decision made by Minister Rosa Weber, which stands out as the second central element of the discussion. This decision will allow for critical reflection which will lead to the identification of a possible solution to avoid the growth of judicial activism.