O ativismo judicial e seu papel para a construção do direito brasileiro

Abstract

Judicial activism, a controversial concept in Brazil and around the world, involves a broad interpretation of the Constitution and laws to safeguard fundamental rights and promote social justice. In Brazil, it has gained prominence in recent years, mainly addressing social, political and economic issues, driven by the imperative of combating serious social inequalities. The role of the Judiciary in protecting historically marginalized groups, such as black, indigenous and LGBTI+ communities, is fundamental in this context. Furthermore, judicial activism serves as a means of combating widespread corruption and impunity in Brazil, since the Judiciary can act more decisively in prosecuting those responsible. The evolving nature of Brazilian society requires updates to the legal system, making judicial activism indispensable to align legal interpretations with new social and technological realities. However, critics argue that judicial activism infringes on the authority of other branches, particularly the Legislature, and can generate legal uncertainty due to subjective interpretations of the law. Despite these concerns, judicial activism remains a vital tool for safeguarding fundamental rights and promoting social justice, guaranteeing minority rights, equality and democracy. Its use, however, requires careful consideration to avoid legal ambiguity.