Abstract:
In this course conclusion work, we will approach judicial activism, a mechanism for
the application of laws that is somewhat new to the legal world, especially to the
Brazilian legal system, meaning in exorbitant by the judges of what is foreseen in the
law and, still, to the disagreement of all the techniques, methods and principles of
application of the norm to the determined legal situations, which, given the solemnity,
historicity, general and democratic character of the laws, cannot remain at the
discretion of the judge's exacerbated subjectivism. As a general rule, we have in our
organic-constitutional order an organization of the Executive, Legislative and
Judiciary Powers, each with its specific function, contributing to the arrangement of
the State to happen in a harmonious way and without interference. However, due to
gaps left by legislators, judges have “created laws”, each with their own interpretative
way, using them to make decisions, largely justifying themselves in the fulfillment of
the public service's effectiveness. The present research is developed in order to
analyze the legal phenomenon of what is meant by Judicial Activism, how the
Judiciary Power has been adopting this procedure to make decisions, understand
about its possible origins, its limitations, the legal themes in which, commonly,
applying, among others, in accordance with the Brazilian legal system. For the
development of the present work, bibliographic research was carried out, in addition
to a case study. The case study was developed, in its entirety, through scientific
research of concrete cases judged, for its publicity, also of electronic scientific books
and magazines. After collecting the data and content, the present work is developed,
comparing the theoretical discussions with the results found in the research.
