Brief essay about the legitimacy of judicial activism in criminal procedure: limits and consolidation as legal practice
This essay aims to analyze judicial activism as tool of domination and decision-making. The theme of this article is the magistrate's performance as a legislator through the adoption a creative and innovative approach to criminal proceedings. The object of analysis of the work is verify the (in...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Instituto Brasileiro de Direito Processual Penal
2018-10-01
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| Series: | Revista Brasileira de Direito Processual Penal |
| Subjects: | |
| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/153 |
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| Summary: | This essay aims to analyze judicial activism as tool of domination and decision-making. The theme of this article is the magistrate's performance as a legislator through the adoption a creative and innovative approach to criminal proceedings. The object of analysis of the work is verify the (in)compatibility of judicial activism as a mechanism as a tool for control decisions in the Brazilian criminal-legal system. The hypothesis of research revolves around the question of the violation of the democratic foundation and the very development of the judicial function. how are the rights of the law compatible with the democratic process with the practice of judicial activism? The method of approach will be deductive, adopting as a bibliographical procedure. Firstly, this article proposes a reading on the concept of the judge-legislator and, afterwards, to analyze the question of the use of the phenomenon of judicial activism by the magistrates of first instance as a tool to control their decisions. |
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| ISSN: | 2525-510X |