JUDICIAL ACTIVISM IN BRAZIL AFTER THE 1988 CONSTITUTION: BETWEEN THE ACQUISITION OF RIGHTS AND THE JUDICIAL-LEGISLATIVE EXCESS OF THE SUPREME FEDERAL COURT

Abstract

The separation of powers is the model adopted by the majority of democracies after the decline of monarchical absolutism in the 18th century, whereby the competencies of each
of the three branches of government are theoretically consolidated. However, in practice, the
phenomenon of Judicial Activism challenges this conception by dissolving clear limitations on the judiciary's actions, especially the Brazilian Federal Supreme Court concerning the legislature's competencies. Thus, the objective of this article is to examine whether this
exceptional activity of the Supreme Court ensures rights or if there is an excess and/or encroachment upon the competencies of the National Congress. As a methodology, the
inductive method was adopted along with bibliographic research, and a multiple case study
was conducted through the qualitative analysis of these cases, relying on their specific conclusions and correlations. As a result, it was found that Judicial Activism, by going against
the separation of powers, is unable to promote solidity and legitimacy to important social demands for rights and their enforcement.