O Judiciário e o ativismo

• Autor(a) principal: Silva, Alves Nathalia Moreira e
• Data de Publicação: 2016
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/27468
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO CONSTITUCIONAL; Poder Judiciário; Ativismo Judicial; Direitos; Supremo Tribuna; Federal; Judiciary; Judicial Activism; Rights; Supreme Court (Supremo Tribunal Federal)

The monograph in question deals with the Judicial Activism. The objective of the study focused on the possibility of the Judiciary performing or not more control than what was originaly permited either by the very separation of powers or by the Federal Constitution. It is known that, over time, there has been a rise of the Judiciary relevance in society, because, due to the extent to which individuals conquered rights, they came to have the subjective right to question these very samer rights in the Judiciary seeking guardianship. Thus, the judicial activism is a focused effort on the part of judges and courts that represents a controversial topic in national and international doctrine as there are well-established positions on both sides. If, on one hand, there may be some invasion and no deference by the judiciary regarding the established powers of the Legislative, on the other, it is possible to see that the growth of Judiciary prominence was not damaging enough to harm society, in contrary, there are indeed important steps, that have been achieved through a more prominent role of the Judges. Briefly, this work sought to show that, considering all the above, there is no way to depict this activism only as harmful to society evolution, because the stronger presence of the Judiciary, especially the Supreme Court, on important issues is a real step towards bringing rights and individuals closer, and, if in some opportunity it has gone beyond its powers, it was, generally, supported by the pursuit of democracy