The Brazilian Judicial System
Similarly, such institutional development of this function, led the Brazilian Supreme Courts to move forward on certain issues that originally were not under its jurisdiction. This process arose due to extensive ineffectiveness of the Legislative and Executive Branches in acting to meet, with justice and speed, the interests of the community.
In this sense, it becomes necessary to incorporate …show more content…
These limits contrast the issues surrounding the judicial activism within the context of the Superior Courts, specifically in relation to the JSC (Justice Superior Court) and FSC (Federal Supreeme Court).
In Short, the activism of the judiciary in Brazil is a reflection of another legal expression, for what we called jurisprudence of law. The encounter in the legal world with the increasing ineffectiveness of the Legislative and the metalling of encodings with social development becomes the jurisprudence or the binding precedents as a creating or renovating sources of the law.
These phenomenological events are the result of the growing current judicial activism and, as such, are the focus of constant doctrinal discussions, which somehow allows the standarts to develop and evolve from these new ways of interpreting the norm and legal …show more content…
It is in this aspect that reveals the mission of the constitutional court, which in constitutionality control matters, and performs a technical analysis of the science of law, since it is not subject to political convenience.
As is known, pursuant to Article 52, section X of the FC/1988, the legislative entity considers that is not imperative the suspension of the rule to be considered unconstitutional, in whole or in part, as a decision from the Supreme Judiciary Court. In addition, the absolute majority of the members of the Federal Senate may disregard that same decision. This is the interpretation for the description of the normative text.
Therefore, we discuss the possible existence of an invasion or reversal in the typical jurisdiction of each function of power, through typical legal phenomenon of reality imposed by the democratic state of law, once it increases the number of times that the Supreme Court launches decisions with normative content without this previous analisys by the