Ativismo judicial e o controle jurisdicional do ato administrativo

Abstract

Judicial activism is a phenomenon that has proved to be in expansion all over the world, being also felt in Brazil. The 1988 Federal Constitution has significantly broadened the fundamental rights as well as widened the role of Judiciary Branch, which came to be understood as an indispensable means of concretizing constitutionally consecrated values. In order to ensure the preservation and effectiveness of such rights, judges and magistrates began to intervene within the ambit of action of the other Powers, in case of omissions or abuses by the Legislative and the Executive Branches. In this context, arises the possibility of jurisdictional control of the administrative act, be it bound or discretionary. It is then analyzed the formation of administrative act and the legal framework that regulates it, highlighting its basic principles; the administrative merit and the limitations and consequences of the creative activity of magistrates. Such phenomenon is exemplified with Federal Supreme Court’s decisions, calling into debate political and social issues analyzed by it. It is sought the reader to be aware of the need to study the judicial activism topic in Brazil’s current socio-political scenario, especially in regard to jurisdictional control of the administrative act.