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Judicial activism is a complex phenomenon studied both in Brazil and in the United States of America, which usually means court´s interference in public policies. Such phenomenon apparently contradicts to the separation of powers and the democratic legislative will set forth by the Brazilian and American Constitutions and statutes. This dissertation compares how the judicial activism manifests itself in the Brazilian Supreme Federal Tribunal and in the American Supreme Court, examining itsdoi:10.11606/d.2.2012.tde-05122012-162249 fatcat:jafy2qoggjcdtidn4l4lj5ipue