Abstract

LAFFITTE FERNANDES, Rafael  and  ROSSO NELSON, Rocco Antonio Rangel. ABOUT THE CAPACITY OF REGULATORY INNOVATION OF THE JUDICIAL POWER: AN ANALYSIS FROM THE BRAZILIAN LEGAL SYSTEM. Prolegómenos [online]. 2017, vol.20, n.39, pp.11-28. ISSN 0121-182X.  https://doi.org/10.18359/prole.2720.

This text aims to analyze the current role of judicial power in the structure of the powers of the Federal Republic of Brazil. The proposal is to study the growing performance of judicial power, particularly of the Supreme Court, within what is called judicial activism. The research in question, using a qualitative methodology of analysis and using the hypothetical-deductive approach of descriptive and analytical character, will examine specific cases determined by the Brazilian judicial power and its implications in the Brazilian political-institutional arrangement, pondering about the legitimacy of judicial activism.

Keywords : Judicial power; judicial activism; judicial process; limits; implications.

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