Ativismo judicial e a politização do exercício jurisdicional do Supremo Tribunal Federal

Abstract

This article will analyze the judicial activism practiced by the Federal Supreme Court, how these decisions impact not only the legal system, but the entire political system and especially how these actions affect the balance between the three powers which form the backbone of democracy Brazilian. In this article, the concept of judicial activism will be analyzed, seeking to find a reasonable way to deal with its possible contradictions and mainly absurdities that circulate about this concept. The objective is to delimit and analyze actions that at least can be considered questionable by the STF, also to specify and contextualize the Judicialization of Politics and the Development of Activist Culture in Brazil. Subsequently, situations where the Federal Supreme Court acted in an activist way will be analyzed, seeking to understand how the STF went from acting based on judicial passivism to acting properly as an activist. It will also be demonstrated how the Supreme's actions impact on other powers and the dangers they can entail. Finally, some recent actions of the Federal Supreme Court in which the Court was accused of being activist will be commented and analyzed, focusing mainly on decisions of Minister Alexandre de Moraes.