O Ativismo Judicial Dialógico como Legítimo Instrumento para Concretização dos Direitos Fundamentais
Year: 2024
Type: article
Abstract: The purpose of this paper is to analyze how judicial decisions with the aim of implementing fundamental rights, sometimes pejoratively classified as activists, have their space of legitimacy within a democratic normative system. To this end, the hypothetical deductive method was used, choosing a viable hypothesis, proven through bibliographical research. Initially, the text provides a brief digression on the emergence of judicial activism and, subsequently, traces the inexorable relationship between the theory of the unconstitutional state of affairs and the technique of judicial activism. As a result, it is concluded that judicial activism, as long as it is necessarily dialogical, does not violate the democratic regime and the separation of powers, being an imperative measure to guarantee the realization of human dignity, which is, at the same time, the essence of human rights fundamental principles and the axiological pillar of the Brazilian normative system.
Source: Revista Jurídica da Amazônia.
DOI: 10.63043/132xgw48
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Funder: Universidade do Vale do Itajaí
OpenAlex ID: W4406758063