O ativismo judicial e sua (in)compatibilidade com o sistema da tripartição dos poderes adotado pela Constituição Federal de 1988 à luz do comportamento do Supremo Tribunal Federal

Abstract

With the evident and undeniable increase of the intervention of the Judiciary Power in the daily life of the population, easily verified by the prominence of judges and ministers in the newspapers and television news, it is necessary to analyze the judicial interference in public policies and in the budget of the Executive Power, since such conduct is often characterized by many as quite proactive of the Judiciary and, consequently, as judicial activism. In the context of this judicial behavior - especially the Federal Supreme Court - which has an ever-increasing repercussion on people's lives, public policies and the budget of the Executive Power, its (in)applicability was analyzed with the Tripartite Powers system adopted by the Federal Constitution of 1988, since there are many defenders of the thesis that, in doing so, the Judiciary would be usurping the legislative power of the Legislative Power and the administrative function of the Executive Power, which would eviscerate such decisions of unconstitutionality.