THE DEMOCRATIC CHALLENGES OF JUDICIAL ACTIVISM

Abstract

This article aims to address the undue interference of the judiciary in the legal norm, discussing the definition of power, its decentralization and the current Brazilian system. Analyzing how the person applying the norm sometimes has so much power that it is greater than that of the legislative authority itself. And understand the risk of this legal phenomenon, if it goes beyond the domain of argumentation, and becomes a means of making political decisions. With the aim of presenting a critical analysis, through the study of doctrine, on the role and limits of judicial activism, with the aim of questioning the implications of this phenomenon on the separation of powers and institutional balance.