O ativismo judicial e a soberania popular: atuação dos tribunais superiores no regime democrático de direito

Abstract

This thesis investigates the role of the Judiciary in the Brazilian democratic rule of law and its impact on popular sovereignty in the context of judicial activism. The main objective is to analyze how the actions of the Judiciary have affected Brazilian democracy. To achieve this goal, relevant bibliographic sources, scientific articles, and jurisprudential materials are reviewed in order to contextualize the performance of the Judiciary within the Brazilian democratic system. In addition, doctrinal positions addressing issues related to popular sovereignty and judicial activism are examined. The results demonstrate that the actions of the Judiciary are of fundamental importance for the maintenance of democracy; however, when exercised excessively and beyond its constitutional jurisdiction, they lead to an imbalance within the democratic rule of law. This study contributes to a deeper understanding of the contemporary role of the Judiciary and its impacts on the democratic regime.