Ativismo judiciário: análise jurídica da politização da justiça frente ao estado democrático de direito.

Abstract

Faced with the challenge that has to face the courts and interpret the constitutional provisions which abstract leads to a possibility where the front case on which there was no clarity regarding the applicable standard or this sense, the judge would be legitimate to give the solution to better understand. Considering the wider application of constitutional principles, legal arguments by the constitutional court at the moment of legitimizing some abstract standard should be based on reasons that can and should achieve general acceptance. It is from this perspective, the intervention of the Judiciary in the abstract norms of public policy, which focuses this research because of the vital importance of fundamental principles and fundamental Rights, also aimed to analyze the 'decisionism', which became inevitable for conceptions of law as a closed system of rules. For such, it is an analysis was made of the theoretical justifications presented by the legal philosopher contemporary thought, as a method of using the hypothetical-deductive approach, and as methods of procedure the historical evolution that seeks to prove the truth through analysis, evolution and historical comparison of the activities and institutions and legal exegesis, analysing the propositions focused on the constitutional issue, legal interpretation in which the exegesis was to conduct a direct paraphrase of the legal text, and literature, as a research technique, directed the analysis of published literature in the form of books, magazines, loose, press and even electronically, available on the internet. It addresses throughout the text in the order to justify theoretically some aspects that relate legitimizing the role of constitutional jurisdiction front the Democratic State.of Justice. In this context, the constitutional judge is challenged to confront the so-called objection demographic, which puts into question its legitimacy front the charge of attempting to impose decisions based on subjective values and political choices the rest of the population.