JUDICIAL ACTIVISM IN THE SUPREME COURT OR LEGITIMATE EXERCISE OF POWER?

Abstract

This article aims to analyze the constitutional role of the Supreme Court, in view of the debates that have been held over the last few years: whether the Supreme Court would be regularly exercising its constitutional functions or invading attributions of the other powers of the Republic, notably the Legislative Power, whose typical function is to legislate. To this end, it seeks to analyze three judgments of profound relevance, handed down in recent years, in order to answer this question. With the analysis of the decisions rendered within the scope of ADO No. 26/DF, ADO No. 38/DF and Extraordinary Appeal No. 635,659/SP, it is concluded that the Court acts within the scope of its constitutional competences, and acts in a movement of deep deference to the other Branches of the Republic. To this end, the research is bibliographic, and is guided by a literature review. There is no intention to exhaust the subject, but to draw horizons for something of basic importance in the heart of Brazilian Democracy.