Open Access
Judicialização, ativismo judicial e legitimidade democrática
Luís Roberto Barroso
- Iss: 13, pp 17-32
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TLDR
In this paper, the authors analyse certain signs of particular relevance in this phenomenon: the judicialisation of life, judicial activism and its incidence on democracy in Brazil and its Federal Supreme Court.Abstract:
There has been progressive growth in the powers of the constitutional jurisdiction in many countries. Brazil and its Federal Supreme Court has been no exception. However, we can analyse certain signs of particular relevance in this phenomenon: the judicialisation of life, judicial activism and its incidence on democracy.read more
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A atuação do poder judiciário na implementação das políticas públicas ambientais
Paulo Márcio Cruz,Zenildo Bodnar +1 more
Abstract: The main objective of this paper is to analyze the performance of the Judiciary Power during the implementation of environmental public politics. The Judiciary Power is also a recipient of basic duty of protecting the environment. From this premise, and using the inductive method, it is investigated the legitimacy of judicial intervention in the implementation of the fundamental ecological duties constitutionally assigned to the Public Administration. This research justifies itself because of the lack of specific studies, relating judicial review of public politics with environmental issues, from the increasing legalization of these disputes and, moreover, the intense controversy that still the issue still raises. At the end, it is concluded that the Judiciary Power should be an institutional partner in the task of implementing environmental public politics, being legitimate in their active intervention in case of omissions from the Public Administration.
Journal ArticleDOI
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Journal ArticleDOI
Do quilombo ao fórum: demandas das comunidades quilombolas no judiciário brasileiro
TL;DR: The situation of the field in Brazil depicts a reality of concentration of land in a few hands, while communities traditionally linked to this space have difficulty having effected their territorial rights.
Revista de investigações constitucionais
TL;DR: The role of the Brazilian Supreme Federal Court as an agent of democratic construction and its role as guardian of the constitution is questioned in this article , where the authors argue that a Constitutional Court with inflated powers can lead to democratic dysfunction and judicial hegemony about institutions.
Concausas da crise do poder judiciário e insuficiência das reformas
TL;DR: In this paper, the authors analyze the crisis of the Brazilian judiciary, as a background to the observation that legislative reforms have proven insufficient for concretizing and effecting the principle of efficiency within the scope of the Judiciary.