JUDICIAL ACTIVISM IN THE DEBACLE OF POLITICAL SYSTEM: ON HERMENEUTICS OF CRISIS

• Autor(a) principal: Trindade, André Karam
• Data de Publicação: 2016
• Outros Autores: Oliveira, Rafael Tomaz de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica do Curso de Direito da UFSM
• Texto Completo: http://periodicos.ufsm.br/revistadireito/article/view/22912
• topic: Ativismo Judicial; Crise Política; Democracia; Engenharia Constitucional; Expansão do Poder Judiciário

These presents reflections pretend to analyze the origins and causes of expansion of judicial power, which has grown geometrically in the last decade. This paper has the backdrop of the political crisis that began in Brazil between the years 2014 and 2015 and is based on the following hypothesis: the higher the degree of paralysis of the political system, greater the degree of challenge to the judiciary to decide on all the controversial questions. The analysis is organized in three coordinated parts: (a) the first aims to show the expansion of the model "exported" from the United States to the world; (b) this cultural migration of institutions done from an accommodation of these instruments and mechanisms of politics models; (c) finally, we will show that, when the political system is pushed to the limit, increases the Judicial appeal, and it is exactly in these cases, the danger of activists decisions appears more evident. The overall objective is to remain vigilant and display an alert to guide those who care about a balanced Constitution: the increasing assignments of a single power can lead us to an autocratic government, undermining democracy.