Judicial activism: context of its understanding for the construction of rational judicial decisions

• Autor(a) principal: Galvão, Ciro di Benatti
• Data de Publicação: 2015
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Políticas Públicas (Online)
• Texto Completo: https://www.publicacoesacademicas.uniceub.br/RBPP/article/view/3101
• topic: Direito Constitucional; Ativismo judicial; separação dos poderes; racionalidade judicial decisória

This article examines the socio-legal context of understanding the Brazilian judicial activism. It is known that social complexity and the normative prediction of plural interests and subjects has forced State to recalculate its functions or powers so that they remain capable of well executing their predominant functions. It would not be different with the judicial function of the State. From the analysis of that context, it is noticed that a renewal of the principle of separation of powers is essential to the core activity of conflict resolution, with the consequent need to preserve and achieve social peace. Renewing the understanding of the judicial function, from the requirement for a truly rational judicial decision, the state legitimacy in society renews itself. To reach this conclusion, the methodology used was based on the analisis of critical and doctrinal arguments (often contrary of each other) sufficient to construct the line of thought adopted here, supporting the adoption of a proactive stance of the jurisdictional function of the State, in particular the constitutional jurisdiction in order to achieve or protect the constitutional values and goals of the State.