Inquérito das fake News: uma análise da argumentação jurídica da Suprema Corte e do ativismo judicial à luz da filosofia política de Scott Shapiro

Abstract

This article aims to analyze, in the light of Scott Shapiro's political philosophy and his theory of law, the existing judicial activism in Brazil, both in the legislative and procedural spheres, in order to try to answer the limits between arbitrariness and effective compliance. of the legal duty exercised by the Supreme Court. For this purpose, the deductive method was used, that is, through materials such as books, websites, articles and magazines, it may be possible to carry out the necessary bibliographical research so that the conclusion of this study could be reached. Thus, we aim, from the Fake News Inquiry and the analysis of the STF's legal arguments, to debate, question and question the granting of excessive power to the judiciary to the detriment of other powers, a fact that results in disproportionality and disharmony between the three existing powers. In addition, it is intended to demonstrate how judicial activism interferes too much with life in society and affects the Law by promoting an affront to the legislature, normative texts and the Federal Constitution itself. It was concluded that judicial activism is an affront to democracy, as well as it is observed that legal texts are damaged by the excessive use of the interpreter's discretion and the inflation of the judiciary, as advocated by Shapiro.