THE CONSTITUTIONAL MUTATION AND THE PRACTICE OF JUDICIAL ACTIVISM

Abstract

When political actors do not correspond to the social desires that were committed to them, preventing the demands of society from being effectively met, a rupture between the political class and civil society can be triggered. It is in this scenario that there is a broader and more forceful role of the Judiciary in the implementation of the values sent by the Constitution. One of the forms of action of the Judiciary in such a scenario, perhaps the most important, is through constitutional mutation. However, this expedient may be being used by our judiciary for a protagonism that permeates the practice of judicial activism. In this context, the scope of this article is to offer the reader a critical discussion about the relationship between constitutional mutation and judicial activism within the scope of the Federal Supreme Court. For this, the formal concept of constitutional mutation and its importance in the exegesis of the constitutional norm will be established. In addition, the doctrinal meaning of judicial activism will be discussed, establishing its differentiation with the judicialization of politics. At the end, the analysis of important judgments in which, supposedly, the practice of activism on the part of our egregious court was presented.