Brief considerations on judicial protagonism and two strands: policy judicialization and judicial activism

Abstract

The key theme of this article is the "Judicial Activism and the Judicialization of Public Policies". For this purpose, the following problem was addressed: does the judicialization of public health policies solve the SUS problem? In this context, it was necessary to investigate what exactly is the judicialization of public policies and the role played by the judge, which in the system of legislated law conform to two possible heuristics: secundum legem or praeter legem. Thus, this study aims to promote a broad study of the foundations of the rule of law and its premises, as well as to reflect on the judicialization of politics and the limits of judicial activism. From an individual perspective, this work is important since it broadens the knowledge sphere of undergraduate students, in a subject of paramount importance for the professional formation of legal careers. For Science, it is an issue of great relevance, since judicial decisions directly interfere in the sphere of the other powers that make up the Democratic State Ruled by Law. From a social point of view, this research has a great value due to the great political turmoil in Brazil and around the world, and the role of fundamental institutions to the Democratic State Ruled by Law is widely debated in society. It is a qualitative theory study with initial duration of 6 months.