THE REALIZATION OF FUNDAMENTAL RIGHTS THROUGH DIALOGICAL JUDICIAL ACTIVISM

Abstract

The purpose of this paper is to analyze how judicial decisions with the aim of implementing fundamental rights, sometimes pejoratively classified as activists, have their space of legitimacy within a democratic normative system. To this end, the hypothetical deductive method was used, choosing a viable hypothesis, proven through bibliographical research. Initially, the text provides a brief digression on the emergence of judicial activism and, subsequently, traces the inexorable relationship between the theory of the unconstitutional state of affairs and the technique of judicial activism. As a result, it is concluded that judicial activism, as long as it is necessarily dialogical, does not violate the democratic regime and the separation of powers, being an imperative measure to guarantee the realization of human dignity, which is, at the same time, the essence of human rights fundamental principles and the axiological pillar of the Brazilian normative system.