Do ativismo judicial e sua dicotomia no julgamento da ADO/26: da invasão da competência legislativa ou da materialização dos direitos fundamentais

Abstract

This study aims to analyze the Direct Action of Unconstitutionality by default 26, through which, from the exploration of the different concepts of judicial activism, The aim is to consider the dichotomy between the possible invasion of legislative competence or the materialization of fundamental rights. In this way, the aim is to disentangle important constitutional and penal concepts, which refer to the structure itself of the State organization. From this perspective, the different attributions derived from the separation of powers, it is important to analyze the legitimacy of the Supreme Court. Federal to interpret the Constitution. Second, it explores the different meanings of judicial activism, as well as seeking to adopt one of these. So to analysis of the aforementioned decision, the concept of criminal legality is explained, in addition to the normative sense of the term racism, which makes it possible to ponder, in the end, about the constitutionality or unconstitutionality of the decision