Banca de QUALIFICAÇÃO: GEORGE HILTON LEMOS NEVES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : GEORGE HILTON LEMOS NEVES
DATE: 25/11/2021
TIME: 11:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

INSTITUTIONAL RISE OF THE JUDICIARY: a violation of the principle of separation of powers or a need for the full realization of fundamental rights in contemporary Brazilian society?

KEY WORDS:

Separation of Powers. Democratic Rule of Law. Fundamental Rights. Judicialization of the Policy. Judicial Activism.

PAGES: 130
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present work deals with the institutional rise of the Judiciary in the contemporary
Brazilian scenario, highlighting the preponderance that this constitutionally established
institution has acquired over the years, assuming extreme importance within society, playing
an active role in the realization of Fundamental Rights, whether suppressing omissions or
correcting distortions resulting from the performance of the Legislative Power with regard to
the elaboration of norms, or the Executive Branch with regard to the implementation of public
policies. In this context, the principles of the Supremacy of the Constitution and the
Separation of Powers will be addressed, as well as the historical evolution of state models to
this day, relating these aspects to the problem of the realization of Fundamental Rights. The
research has as its starting point the question referring to the following problem: is the
institutional rise of the Judiciary in the Democratic State of Brazilian Law being an
appropriate phenomenon to achieve the full realization of Fundamental Rights or would it be
violating the principle of Separation of powers? The study of the selected theme is important
due to the fact that this preponderance of the Judiciary is causing a significant tension
between the State Powers, bringing up the discussion about the harmony of powers and the
survival of democratic principles, bringing about a complex debate about the practice of
possible judicial activism, which brings relevant political impacts, economic and social rights
to the population and which are directly related to the realization of constitutionally foreseen
Fundamental Rights, essential to provide a dignified life for all citizens. Given the problem
presented, the main objective of the work is to analyze this rise of the Judiciary in
contemporary Brazil, based on the principle of Separation of Powers, confronting it with the
need for the full realization of Fundamental Rights, in order to establish what should prevail
in cases where they prove conflicting. The methodology used to carry out the research
consists of an applied research, with a hypothetical-deductive and qualitative approach, with
descriptive objective. Also using the dialectical method, demonstrating the thesis and
antithesis of the general objective of the present study, to better understand the theme, in
order to reach a conclusion about which doctrinal concept would be the most pertinent to be
adopted. At the end of the research, after the considerations favorable and contrary to the
institutional rise of the judiciary, it was concluded that, despite the apparent instability that the
judicialization of politics and, especially, judicial activism, in the usual conception of the term,
can bring to the spheres of power, the action of the judiciary is indispensable in the search
for the effective protection of fundamental rights and the Democratic Rule of Law, given that
when pursuing the guarantee of Fundamental Rights, embodied in the very text of the
Federal Constitution of 1988, the Judiciary can and, often, has the obligation to participate in
the decisions typical of other powers of the State without this implying in an affront to the
principle of Separation of Powers.

BANKING MEMBERS:
Presidente - 2177963 - BENTO HERCULANO DUARTE NETO
Interno - 1254860 - FABRICIO GERMANO ALVES
Interno - 010.069.614-70 - LEONARDO OLIVEIRA FREIRE - SESED