THE POWERS AND DELIMITATIONS OF THE JUDICIARY IN BRAZIL: A STUDY ON CONSTITUTIONAL INTERPRETATION AND JUDICIAL ACTIVISM

Abstract

The study of the powers and delimitations of the judiciary in Brazil is essential to understanding the role played by the Federal Supreme Court and other judicial bodies in shaping politics and transforming Brazilian society. In a context of increasing judicialization of social and political relations, the judiciary has taken a leading role in issues that go beyond the traditional role of resolving conflicts, interpreting the constitution and intervening directly in areas such as fundamental rights, health, education and even in decisions that influence the functioning of other powers. This phenomenon, called “judicial activism”, raises debates about the limits of the judiciary's actions, especially in relation to the principle of separation of powers. According to the 1988 Federal Constitution, the three branches of government: the Executive, Legislative and Judiciary must act in harmony and independently, avoiding interference by one branch in the functions of the other. In this sense, investigating how judicial action, especially that of the Supreme Court, has aligned with or deviated from constitutional limits is fundamental to guaranteeing the legitimacy of democratic institutions.