BETWEEN THE ROBE AND THE CELL: THE LIMITS OF JUDICIAL ACTIVISM AND THE RISK OF EXCESSIVE JUDICIALIZATION IN CRIMINAL LAW

Abstract

Introduction: Judicial activism, particularly within the criminal sphere, has generated intense debate in the Brazilian legal context, as its expansion may compromise the balance of powers and legal certainty. The increased involvement of the Judiciary in sensitive matters—especially those traditionally assigned to the Legislature—requires a critical examination of its institutional and social impacts. Objective: To analyze the boundaries of judicial activism and the risks of excessive judicialization in Criminal Law, focusing on its effects on the separation of powers and the legitimacy of judicial decisions. Materials and Methods: This is a qualitative and exploratory study based on bibliographic research. Academic works, scientific articles, legislation, and relevant jurisprudence published between 2018 and 2024 were selected to gather diverse theoretical perspectives on the subject. The data were organized according to the specific objectives and analyzed through critical interpretation. Results: The findings indicate that disproportionate judicial activism undermines legal predictability, institutional trust, and deepens structural inequalities. The study also emphasizes the importance of establishing clear interpretative parameters and fostering institutional dialogue to limit excessive judicialization. Conclusion: It is concluded that judicial action must be guided by normative limits that safeguard the legality of criminal law and preserve the balance among powers, thereby contributing to the effectiveness of justice without undermining democratic principles.