JUDICIAL ACTVISM IN THE SUPREME FEDERAL COURT (STF): A GUARANTEE OF JUSTICE OR NA USURPATION OF COMPETENCE?

Abstract

The present article aims to analyze the phenomenon of judicial activism in the Supreme Federal Court (STF), examining the extent to which such practice represents a guarantee of justice or an usurpation of the competencies of the other Branches of the Republic. The research was developed through a qualitative, exploratory approach, using bibliographic and documentary methods, with consultation of doctrinal works, scientific articles, and landmark judicial decisions. Among the cases analyzed are ADI 4277/DF (recognition of same-sex civil unions), ADPF 54/DF (authorization of termination of pregnancy in cases of anencephalic fetuses), and ADO 26/DF (criminalization of homophobia and transphobia).

The study found that, although judicial activism plays an important role in the concretization of fundamental rights and in ensuring the effectiveness of the Constitution, an imbalance in the separation of powers may arise when such activism exceeds interpretative limits and assumes a normative character. The analysis concludes that judicial activism should be