O judiciário e a democracia análise dos limites e consequências do ativismo judicial no Supremo Tribunal Federal

Abstract

The study analyzes the limits and consequences of judicial activism within the Brazilian Supreme Federal Court following the 1988 Constitution, which expanded the role of the Judiciary. It examines to what extent this phenomenon contributes to the enforcement of the Constitution and when it begins to compromise the balance among branches of government and democratic legitimacy. It concludes that, although judicial activism favors the realization of fundamental rights, its expansion has generated institutional tensions and legal uncertainty, making it necessary to adopt mechanisms of judicial self-restraint, such as strengthening collegiality and limiting monocratic decisions.