Ativismo judicial e estado democrático de direito

Abstract

This theoretical-reflexive research has as its basic objective to deal with judicial activism, an expression considered polysemic, which was first employed by Arthur Schlesinger in 1947 in an article in Fortune magazine. In Brazil, the expression gained notoriety with the advent of the 1988 Constitution and, despite flaunting critical and/or complimentary positions, is among the most significant topics today. In this path, assuming an epistemological position demands, among other aspects, the apprehension of reality and the choice of a clipping that allows a more incisive direction. Therefore, we chose to undertake a study on the influence of judicial activism on the realization of fundamental rights in the Democratic State of Law, initially going through the historical and theoretical aspects of activism. It was evidenced that being an activist is not applying the law in force, creating a Law and, still, deciding /judging in contrariety to the norm put.