Análise da estrutura pela qual se desenvolve o ativismo judicial brasileiro no âmbito do Supremo Tribunal Federal

Abstract

The judicial activism of the Federal Supreme Court is a current topic whose discussion goes beyond the legal framework. It is observed that the Supreme has been assuming in the last years important political and social role. Subjects with high moral content, controversial, drivers of Brazilian life, have been decided by this Court. Faced with this fact, it is imperative to study the judicial activism that develops within the scope of the Pretório Excelso, because it is a question of studying the decision-making behavior of the one who has the last word in the interpretation of constitutional norms in Brazil. In this context, the present work will focus on the analysis of some activist decisions of the 21st century that involve themes from the most diverse branches of society. To do so, we will first make an exposition about the elements necessary to understand the theme. Then, it will be shown which role falls to the Supreme within the Brazilian constitutional logic. And, later, some emblematic activist decisions will be analyzed. Finally, it will be noted that these decisions reveal, above all, the intrusion of the STF into the sphere of action of the other Legislative and Executive Powers, putting in check the principle of tripartition of Powers and the functionality of the check and balances system.