A LOOK AT THE POSITIVE AND NEGATIVE ASPECTS OF JUDICIAL ACTIVISM

Abstract

This scientific article examines the concept of Judicial Activism, characterized by a proactive approach by the Judiciary in seeking the realization of rights provided for in the 1988 Brazilian Federal Constitution. By adopting a more assertive stance, the Judiciary aims to ensure that constitutional rights are effectively implemented, especially when other branches of power fail to fulfill this role.The research focuses on analyzing the theoretical foundations of Judicial Activism, addressing its main concepts, as well as the impact this approach can have on the balance of powers. Both positive aspects, such as the protection and promotion of fundamental rights, and negative aspects, such as the risk of undue interference in functions attributed to the Legislative and Executive branches, are discussed.Moreover, the article examines the limits of Judicial Activism, questioning how far the Judiciary can intervene in policy-making without violating the principle of separation of powers.The methodology employed is bibliographic, based on studies and analyses of literature addressing this theme. Throughout the research, the aim is to build a critical and balanced perspective on the role of the Judiciary in consolidating constitutional rights and the challenges this activism poses to the Democratic Rule of Law.