Judicialização e ativismo judicial na perspectiva do estado democrático de direito

TLDR: The legal thought has undergone significant historical changes that increased the role of interpreter and law applicator and hence created greater autonomy of the judiciary in relation to the legislative branch: judges are not anymore the "mouth of the law" and became partners in the law-making process as mentioned in this paper.

Abstract: The legal thought has undergone significant historical changes that increased the role of interpreter and law applicator and hence created greater autonomy of the judiciary in relation to the legislative branch: judges are not anymore the “mouth of the law” and became partners in the law-making process. In addition, the new constitutional reality sets a pretentious social project and ensures substantial guarantee to the material rights, judicializing various issues of life, which resizes the judiciary and makes it active in the process of realization of promises and democratic values, obliging the government to take the necessary measures to carry out constitutionally guaranteed rights. The judiciary thus now has greater autonomy in this constitutional jurisdiction scenario. It took a leading role and has occupied the voids caused by the omission and shortcomings of the other powers, so that the legalization and judicial activism have been used as remedies to enforce the Constitution, to give more effective application to legal rules and to advance the process of democratic consolidation.