Ativismo judicial em Alagoas: a atuação do poder judiciário na interpretação do direito social à saúde

Abstract

This research points towards to foster a reconnaissance on the jurisdictional activity nominated judicial activism by constitutional scholars. Its specific objective is to assess the role of the State Judicial Court of Alagoas, as a court of appeal (for second instance judgments), in concrete state of affairs concerning the elucidation and appliance of the fundamental right for health. It is also endeavored a scrutiny in which are contraposed constitutional references as regards to the so-called judicial activism, analyzing the rationale for the decisions adopted in civil appeals, and the pragmatic corporeality of the referred researched court. As a conclusion, the possible practical and theoretical consequences of the obtained results from this study are put to the assay. The research was undertaken in the period June to November, 2011. The adopted methodology and theory carried on through the study was the pragmatism as conceived by Oliver Wendell Holmes Jr., Benjamin Nathan Cardozo and Richard A. Posner.