Os limites do ativismo judicial no Estado democrático de direito.

Abstract

This study aims to understand the relationship between judicial activism in pursuit of the values espoused by the democratic rule of law, as well as establishing constitutional limits to such judicial action . The theme is relevant given the complex society in which we live. Relations become impossible to quickly be accompanied by legislative power, a power which has the function of regulating these conflicts. Moreover, it would be impossible to predict all cases of dispute, which, of course, stifle law. It is worth noting that the judicial activism arises from the direct application of the Constitution for the concretion of the fundamental rights laid down. So it is not any absence or lack of regulation that justifies the active attitude of the judges. For this reason, there needs to be some discretion for the court action. However, it is certain that this action must be limited so as not to invade competence of other political actors in implementing the rights provided by the Constitution. This is the purpose of this study to define the limits for judges to issue fair and legitimate decisions in order to achieve the constitutional values, respecting the principles governing the model State you live.