Judicialization and judicial activism in Brazil

Authors

Alexandre Lima Grochowski Sabino

Keywords:

judicialization, judicial activism, public policy

Synopsis

In recent years, there has been an increasing number of judicial demands in Brazil, issues of great political, cultural, religious, social, security, health, social security, tax and other repercussions, among others, have been brought to the attention of the Judiciary. This increase, in a way, demonstrates the importance and the rise of such a Power in relation to the others, thus, playing an active role in the institutional daily life of Brazil. This constant search for the courts can have two “faces”, one of which is the search for justice, impartiality and satisfaction on the demands, thus, this body, performing its duty with the constitutional pillars, such as the defense of rights, guarantee life, freedom, equality, security and health. However, they can also demonstrate the other “face”, such as a “litigious culture” in Brazil, or, the inertia by the other federal public agencies, regarding the lack of urgent public policies, and in this regard, we will deal with one of the points of the present study, 'Judicialization'. From so many demands, another movement of this is notorious, when other bodies that hold authority and power, due to their inertia, technical incapacity, or unconstitutional acts, harm the individual or the community, thus appearing what we call 'Judicial Activism'. In this regard, due to the need to understand the main, typical and atypical attributions, the consequences of the huge number of cases, the limits, the extent and repercussion of the Judiciary's activism, we will be able to better understand the problems faced and the search for effective solutions. , when only such power remains, to judge and enforce the Law.

References

SABINO, Alexandre Lima Grochowski. Judicialização e ativismo judicial no Brasil. 2021. 78f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.

Capa vermelha, simulando uma capa de monografia fisica. Com o nome da Instituição, nome do curso, nome do aluno centralizados no topo da página, título centralizado na página, e cidade e ano centralizado ao final da página.

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Published

June 16, 2021