Reflexões sobre o ativismo judicial

Abstract

The present work has the purpose to identify the judicial activism in optical neoconstitutionalism and hermeneutic perspective, reflecting on the limits and possibilities of constitutional jurisdiction in the Brazilian state. To do so, it will use qualitative research conducted in doctrinal basis, case law and legislation. The issue has raised discussions doctrinal, jurisprudential and academic, on various aspects of approach, given its fundamental relationship with subject areas that constitute theoretical pillars master in building and sustaining democracy and the Rule of Law. For example, a bond with the subject 's cognitive analysis of a new constitutional law, constitutional hermeneutics of the new vision , evolution and the role of the state, the principle of tripartition of powers, the rule of law, the politicization of the judiciary, the judicialization of politics and democracy. Search to perpetrate this work in light of these reasons.