Is judicial activism a game without fair play? Law and play

• Autor(a) principal: Medina, Janaina de Castro Marchi
• Data de Publicação: 2021
• Outros Autores: Toledo, Renata Maria Silveira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Research, Society and Development
• Texto Completo: https://rsdjournal.org/index.php/rsd/article/view/13009
• topic: Derecho; Broma; Juego; Activismo judicial; Judicialización; Pandemia; COVID-19.; Direito; Brincadeira; Jogo; Ativismo judicial; Judiacialização; Pandemia; COVID-19.; Right; Play; Game; Judicial activism; Judicialization; Pandemia; COVID-19.

This article aims to analyze the phenomenon of judicial activism in the game of Law, whose relevance is justified by the democratic crisis installed in Brazil. Therefore, therefore was a concern to make a historical recovery of its context, the differentiation between judicial activism and the judicialization of public policies, and the confrontation of two antagonistic doctrinal positions: Luís Roberto Barroso and Lenio Luiz Streck. The work still permeates discussions about the vulnerability of democracy and its rules game, impacted by the application of an “activism” to the inside of the Executive Power and activist judicial decisions handed down when it is going through a COVID-19 pandemic, based on values personal of their respective institutional representatives, who act as constitutional interpreters. The research used the deductive methodology through bibliographic research, including national and foreign authors, in addition to recent judicial decisions that demonstrate how the current health crisis is being dealt with.