THE EVOLUTION OF JUDICIAL ACTIVISM IN BRAZIL AND ITS IMPACT ON JUDICIAL DECISIONS AND CONTEMPORARY PUBLIC POLICIES

Abstract

This scientific article aims to analyze the historical evolution of judicial activism in Brazil and its impact on judicial decisions and contemporary public policies. The choice of the theme was motivated by the need to understand how this practice has shaped the Brazilian legal scenario, fundamental to analyze the limits and potentialities of judicial activism. In view of this, the problem addressed is: how does judicial activism evolve in Brazil and what is its impact on judicial decisions and contemporary public policies in the country? The methodology used was based on a qualitative, exploratory, descriptive and documentary approach, with a hypothetical-deductive bias, based on a literature review. This review included the identification of sources available in both digital and printed formats, such as articles and books by Luís Roberto Barroso, official documents such as the 1988 Constitution, the Law of Introduction to the Rules of Brazilian Law (LINDB) and decisions of the STF, as well as online material, such as news and reports from official portals of the STF and the Chamber of Deputies. The results demonstrated that judicial activism in Brazil has evolved over the years, playing a significant role in shaping contemporary judicial decisions and public policies. It is a complex phenomenon, where the proactive action of the Judiciary, when facing legislative gaps and omissions, has proven to be crucial for the safeguarding of essential rights and the promotion of social equity.