O ativismo judicial e sua relação com os direitos e garantias fundamentais no Brasil contemporâneo: um estudo de caso do marco temporal em terras indígenas.

Abstract

The present work seeks to conceptualize and analyze judicial activism in Brazil and its relationship with fundamental rights and guarantees, the case used for analysis was the time frame, which deals with the demarcation of indigenous lands, in addition to this, it was also analyzed the tensions that involve the actors in this topic, mainly in relation to the Powers of the Republic. From a theoretical point of view, the work is based on authors such as Barroso (2012; 2020), Ramos (2015), Silva (2018), Souza Filho (2018), Lenclud (2013), among others who discuss this topic. Regarding the methodological aspect, the research approach is qualitative, using observation to collect information, the analysis of this information was carried out in a descriptive way, comparing it with the reviewed literature, the aspect of legal research adopted is legal-sociological . With this research it was found that judicial activism ended up harming the rights constitutionally guaranteed to indigenous peoples, in addition, the judicial activism contained in the case in question generated a clash between the Powers of the Republic, configuring an environment hostile to the constitutional provisions themselves. and democratic normality.