JUDICIAL ACTIVISM AND ITS CONSEQUENCES IN THE LEGAL SYSTEM

Abstract

This article examines the concept of judicial activism, its origins, theoretical foundations and practical consequences in the Brazilian legal context. The analysis of judicial activism in this article is based on a comprehensive bibliographical review, covering the main theories and criticisms on the subject. Additionally, the article addresses emblematic cases judged by the STF that illustrate judicial activism in practice, such as decisions on same-sex civil unions. It is concluded that, although judicial activism can be a powerful instrument for the promotion of rights and the achievement of justice, it must be exercised with caution so as not to compromise the legitimacy of the legal system and the balance between powers.