Ativismo judicial na comarca de Cajazeiras-PB: um estudo de caso.

Abstract

In Brazil, a country of contrasts, one sees every day that human dignity is not always observed by Powers; much discussion about the fundamental rights constitutionally guaranteed, but the effectiveness of these rights will always depend on the willingness of governments. This work, whose focus is the study of judicial activism, aims to assess its use as a guiding principle of activity of the magistrate in the production of judicial 4 th County Cajazeiras, PB, in actions tried in the years 2008, 2009 and the months January to April 2010, regarding the proposed demands to the detriment of Cajazeiras County and the State of Paralba, in which there were obligations to do in order to verify the influence on the balance between the functions of the State Administration to use this principle causes within that court. The importance of this research stems from the controversy that revolves around the theme, since its use provides the interference of the judiciary in the legislative and executive powers, taking into account the need to implement the constitutionally established principles to this case, the omission or retraction in the work of those. To achieve the proposed objective, this study was based on, through the empirical method of induction, in research literature and documents for verification of concepts, socio-legal studies and application developers in the Supreme Court and other judicial bodies. Was also done research in the archives of the 4 th County Cajazeiras, PB, books of records of decisions aimed at gathering information required for assembly of the case study, analyzing the content of the trial, in which it was proved the application of judicial activism, specifically for the implementation of public policies as a way to ensure the right to life in his inseparable facet of which is access to healthcare. According to the result reached, judicial activism has been applied satisfactorily maintaining the balance between the functions of the exercise of state power, supplying the omissions of the Government, in an exceptional performance, only to have it guaranteed the exercise of rights fundamental, the rule of one of the objectives of the Federative Republic of Brazil, which is human dignity.