Judicial activism in postmodern society

  • Rubens Alexandre Elias FACULDADE DE DIREITO DE FRANCA

Abstract

ABSTRACT: this article aims to analyze, with theoretical references, the intricate question of judicial activism, a recurring theme not only in Brazil but also in the United States and other countries. From this perspective, it’s analyzed the concept of judicial activism, its typologies and their origin in Germany and American Law. Then, the issue of judicial activism is approached from a moral and political perspective, in its philosophical sense, as a premise for the establishment of its theoretical bases. In this same sense, an analysis is made of the role of the Judiciary in postmodern law, marked by enormous complexity due to technological innovations.

Author Biography

Rubens Alexandre Elias, FACULDADE DE DIREITO DE FRANCA

Juiz Federal.

Professor da Faculdade de Direito de Franca.

Mestre em Direito pela Universidade Estadual Paulista – UNESP.

Doutor em Direito pela Pontifícia Universidade Católica – PUC/SP

 

Published
2021-12-02
Issue
Vol 7 No 1 (2021): Revista Direito UFMS
Section
Artigos

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