DIREITO CONSTITUCIONAL: EFEITOS DO ATIVISMO JURÍDICO POR MEIO DA ATUAÇÃO DAS CORTES SUPERIORES

Abstract

The exacerbated manifestation of the Judiciary Power, caused mainly by the actions of the Superior Courts and Courts, is nothing more than the direct act of slashing the general democratic principles that govern the Brazilian legal system. In this sense, this work aims to analyze the constitutional principle formation, demonstrate the legal phenomena of constitutional change, and show the disrespect for legal security demonstrated by jurisprudential means. Thus, the research methodology used was qualitative, through bibliographical research, whose theoretical foundation is based on the cataloging of theoretical data and scientific studies, in order to seek an active view of the facts. The research has as a general objective to identify the actions taken by the superior courts and to point out their consequences. The specific objectives, in turn, consist of presenting the principle nature of the Constitution and some of the principles that guide it; analyze the constitutional legal phenomena capable of changing the Federal Constitution of 1988, in an objective and subjective way; and demonstrate the principle of legal certainty in view of the effects of the decisions of the Federal Supreme Court on society. Thus, the research found that the activist action of the Judiciary Branch is necessary in search of the adequacy of the rule at the time in which it is inserted and the position of jurisdictional duty, however, the disrespect for the legal security of each citizen, caused by the act of going beyond the limits of the tripartition of powers can cause irreparable and irreversible damage, which damage must be avoided. Thus, it can be concluded that action by the Superior Courts goes beyond the mere jurisdictional function, being even linked to political acts, which in turn generates the phenomenon of legal uncertainty within society, where they need to be contained in order to seek the security of the fundamental rights and guarantees of each individual.