The procedure of the Supreme Court front the phenomena of judicialization of politics and of judicial activism

• Autor(a) principal: de Sá, Mariana Oliveira
• Data de Publicação: 2015
• Outros Autores: Bonfim, Vinícius Silva
• 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/3126
• topic: Direito; Teoria do Direito; Direito Constitucional; Supremo Tribunal Federal; Jurisdição Constitucional; Judicialização da Política; Ativismo Judicial. Democracia

This work aims to study the role of the Supreme Court (STF) in relation to the phenomena of judicialization of politics and judicial activism, both are featured in the scenario of Brazilian constitutional jurisdiction and have subtle differences that enable large distinctions. Was used as a bibliographic study methodology of the theory of law as integrity of Ronald Dworkin, and analysis of the Supreme Court jurisprudence. It will be a presentation of the differences between the two phenomena so that it becomes possible to know when the Supreme Court is acting legitimately in the effectiveness of rights and when it exceeds its constitutional authority, acting therefore a discretionary basis. Thus, we come to the conclusion that the line is blurred between the judicialization of politics and judicial activism. The theory of law as integrity of Ronald Dworkin which supported the research, allows the construction of a foundation of principles that structure and founded the roots of a constitutional democracy. So, Article besides carrying out the distinctions between the two phenomena, it also brings some practical cases that contribute to better understanding of the distinction between policy guidelines and principles of law. This is of great relevance to the current legal environment work, and originality in the form of the distinction made between judicial activism and the judicialization of politics.