THE NEGATIVE EFFECTS OF JUDICIAL ACTIVISM: JUDICIAL ACTIVISM AND THE RISK TO DEMOCRACY

Abstract

This article aims to demonstrate how Judicial Activism can put democracy at risk, taking into account the decisions of the judiciary taken by its magistrates without observing the Federal Constitution. In this context, recent concrete cases of trials that were decided and judged without due basis in the Law will be presented below, which leads to a debate about the legality of the decisions and the extent to which the Judiciary's freedom would be limited. The work was developed based on bibliographical research, and the authors' thoughts on the topic covered in this article.