Controle judicial dos atos administrativos e o ativismo judicial

Abstract

Judicial Activism is a global phenomenon, and has been criticized, specially by those who defend the inflexibility of the democratic regime of Law, notably about the constitutional principle of the Power distribution and the States freedom of choice. In Brazil, judicial activism has come to answer a severe crisis of representatives related to Executive and Legislative Powers. The last couple of years has shown a daily discovery of corruption scandals and bad State´s management to the detriment of fundamentals rights and guarantees, public welfare and public interest. In this context, the present study rememorates the fundamentals of the Administrative Law and Public Law intending to argue the legitimacy, or at least the legal justifications, of the known Judicial Activism phenomenon The present study has been built under theoretic bases of known Brazilian scholars, authors and jurists and intend to elucidate polemic questions under the perspective of the Administrative Law