QUEIROZ, A. M. V.; http://lattes.cnpq.br/2645084192748316; QUEIROZ, Ana Márcia do Vale.
Resumo:
With the advent of constitucionalism, wich gave the Federal Constitution the superior
norma carater of the legal planning and with the guard Major Text responsability
given to the Courts, and in front of the Legislature inaction as its function to draft
laws, the adjudicative power, in particular the Supreme Court, rebels as prominent
organ in the brazilian scene, therefore, to examine the case, absent regulation,
begins to interpretate the constitutional norm extensively, seeking, many times, to
give broad effectiveness to fundamental rights and provide answers to society, thus
becoming , to innovate in the legal system. In this way, it begins to take a more active
role than usual , since going to legislate and set public policy as if their were these
assignments. In this path , policy Legalization and proactive attitudes of the judiciary ,
highlights the importance of this research, at the relevance of the principle of
separation of powers and the democratic regime that find themselves threatened
when the decisions of the judiciary innovate or regulate the legal system for other
purposes without the giving effect to the fundamental rights violated. So, with the aim
of analyzing the effects of the proactive stance of adjudicative power, it is adopted as
a method of approach deductive , as the procedure methods we use the comparative
and documentary research. And as research technique, the bibliography. In order to
demonstrate that the Judicial Activism has been the solution to the crisis of
representation that has gripped the political powers, giving effect to the sensitive
rights and satisfying the needs of society, but one should be cautious about this
proactive stance , as the excess of activism mitigates the separation of powers and
offends democracy .