JUDICIAL ACTIVITY: REFLECTIONS AND PERSPECTIVES IN THE FRAMEWORK OF THE DEMOCRATIC RULE OF LAW

Abstract

This article aims to address the implications arising from the phenomena caused by the thriving expansion of judicial activism, in the current Brazilian context, in the face of a possible prognosis of collision with the principle of the separation of independent and harmonious powers. In spite of being this a vital constitutional principle for the structure of the democratic State. It thus arranged to analyze the extent to which judicial activism could damage the principle of separation of powers, hence democracy.