A cultura do ativismo judicial no Supremo Tribunal Federal

Abstract

This work definesjudicial activism in a embracing way. It starts from a historical analysis with an approach eminently zetestic of the emergence of judicial activism in the American juridical culture, until its reception by the Brazilian Law after 1988. It analyzes what a culture of judicial activism means and how in Brazil it derived from a historical process of judicialization of politics. It studies how much the Federal Constitution of 1988 interfered in this process and how the subsequent legislation reiterated the increase in the activity of the Judiciary Power. It also analyzes two recent cases in which the Federal Supreme Court decided with a potentially activist posture, trying to understand, based on the definition found at the initial moment of this study, why these decisions are so considered. Finally, it seeks to understand the consequences of the development of this culture of judicial activism in the Federal Supreme Court, verifying the possibility of risks to the republican principle of the separation of powers, to the democratic legitimacy of the three powers and to legal certainty.