Ativismo judicial no controle das políticas públicas

Abstract

The Judicial Activism is understood as a stance taken by the judiciary in resolving conflicts through control performed by the judiciary in matters which would be the principle duties of legislative and executive branches. Such a stance would aim the achievement of constitutional principles and values, acting the judiciary in cases of chores resulting from failure or improper performance of the other Powers. However, there are certain doctrinal disagreement as to the constitutionality and limits of control, compared to other principles and constitutional and infra-constitutional norms, especially regarding the Principle of Separation of Powers and administrative discretion. It is shown in this work the normativity of fundamental rights, raised the dignity of the human person as the foundation of our Republic, defending the immediate application by the judiciary of prolific human rights standards, where they find such rights under injury or threat of injury . As to public policy, also supports up the possibility of the judiciary action, neither the administrative discretion import going against the fundamental rights positivized in the 1988 Federal Constitution.