Jurisdição constitucional e ativismo judiciário: análise comparativa entre a atuação do Supremo Tribunal Federal Brasileiro e a Suprema Corte estadunidense [thesis]

Marcelo Mazotti
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 its
more » ... examining its differences and similarities. Judicial review based on constitutional open clauses allowed such Courts to make polemic decisions and of political nature in many cases. However it is difficult (rather impossible) to affirm whether such decisions depart from the correct interpretation of both Constitutions due to their flexible and abstract norms. The current Supreme Court´s justices have acted with self-restrained in the late decades, easing the activists impulses accredit to the Warren and Burger´s Courts. In contrast the 1988 brazilian Constitution and its subsequent statutes increased the powers of the Supreme Federal Tribunal and its members are exercising them with no hesitation.
doi:10.11606/d.2.2012.tde-05122012-162249 fatcat:jafy2qoggjcdtidn4l4lj5ipue