September 27, 2025Open Access

Judicial Activism in Brazil

Key Points

Judicial activism in Brazil raises concerns about its alignment with the separation of powers principle, impacting fundamental rights enforcement.
The study finds significant historical and contemporary cases of judicial activism, particularly involving the Supreme Federal Court and its role.
Analysis explores the characteristics of judicial activism, including doctrinal criticisms and support for its decisions within Brazil’s legal framework.
Understanding the limits of judicial law creation is crucial to maintaining a proper balance in Brazil's governance structure.

Abstract

This research addresses the issue of judicial activism in Brazil in light of the principle of separation of powers, focusing on the implementation of fundamental rights and analyzing whether this practice by the Judiciary constitutes a violation of said principle. The study explores the principle of separation of powers, its origin, purpose and contemporary application, as well as the system of checks and balances. In addition, it seeks to understand the interpretation and application of the legal norm, together with the limits of the creation of law by the judge. The study analyzes the phenomenon of judicial activism in Brazil, its history, concept, characteristics, causes, doctrinal criticisms, favorable positions, relevant cases and the activist action of the Supreme Federal Court.

Judicial Activism in Brazil

Key Points

Abstract

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