Ativismo judicial, judicialização da política e politização da justiça no estado de direito contemporâneo

Abstract

The “neoconstitutionalist turn of law” implied paradigmatic changes in the theory of the effectiveness of fundamental rights, as it engendered a new exegetical archetype aimed at the normative force of the Constitution, whose founding basis is the recognition of principles as legal norms. It is in this sense that judicial activism emerges, hence the intention of this article to analyze this phenomenon, comparing it with the concepts of judicialization of politics and politicization of justice, in order to draw the exegetical limits of judicial protagonism within the scope of the Contemporary Rule of Law. Its great challenge is to propose a balance between the freedom of conformation of the democratic legislator and the effectiveness of fundamental rights.