Ativismo judicial e o manejo da judicialização da política e politização da justiça

• Autor(a) principal: Alencar, Kelly Cristina Nascimento de
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/3157
• topic: Democracia; Separação dos Poderes. . .; Ativismo Judicial; Politização da Justiça; Judicialização da política; CNPQ::CIENCIAS SOCIAIS APLICADAS

This work aims to analyze some disagreements that have taken place recently on the subject of judicial activism in Brazil, as well as, secondarily, what is meant by the judicialization of politics and the politicization of justice. Therefore, the main questions surrounding the national doctrine on the subject will be eliminated, which evidences activism as a phenomenon detached from any ideology, concatenating itself, above all, with the suspension of its democratic pre-commitments by the Judiciary. Consequently, there is evidence of a judicial discretion related to this problem. In this sense, it was used as contributions by Jünger Habermas, responsible for interweaving elements of philosophy, law and social sciences, capable of provoking fruitful debates on issues related to the separation of powers and judicial activism. To support this work, bibliographic research (secondary source) was used, where a survey was done in books, magazines, articles and other materials related to the subject in question. The type of reasoning to used was the deductive method, as it starts from the general to the particular. As a result, it appears that, from activism, the Judiciary grows and penetrates, independently, in the layer of other Powers. Thus, it is concluded that judicial activism is evidenced with a strong political charge, moving away from the expected employment of the dependent technicality that the jurisdictional exercise, necessarily, must be guided to perform its elementary institutional function, unlike what happens with the issue of judicialization politics, which, in general terms, is a result of the 1988 federal constitution.