Conditions and limits to the defense of fundamental rights: analysis of the reaction of public powers to judicial protagonism

Abstract

The object of study of this scientific article is the Judicial role in Brazil and the reaction of Public Authorities to this phenomenon. Initially, a differentiation was made between what constitutes judicial protagonism and judicial activism so that the reader has an adequate parameter of understanding of the phenomenon when associated with the recent reaction of the three Powers of the Republic to the developments in judicial activity. This research aims to analyze real cases, in which the Judiciary needed to speak out to guarantee fundamental rights, as well as to analyze the insurgency of the Legislative, Executive and Judiciary itself in judicial protagonism. The problem identified concerns the omission and inertia of the Legislative and Executive Powers, which result in the need for the provision of fundamental rights by the Judiciary, which in turn results in the establishment of tensions causing a reaction from the Powers. The methodology of the present study was based on the deductive approach method and the descriptive-exploratory and critical socio-legal methods as procedural methods, as well as bibliographic and jurisprudential analysis as a research technique. During the research, it was diagnosed that the possible reaction to judicial protagonism is due to judicial action in defending fundamental rights.