Judicial activism, principle of efficiency and repetitive litigiosity: analysis of judiciary’s action in the effectiveness of social rights

Authors

DOI:

https://doi.org/10.18316/redes.v9i2.4807

Keywords:

Judicial Power, Judicial Activism, Efficiency Principle, Repetitive Litigation

Abstract

The present essay deals with judicial activism, the principle of efficiency and repetitive litigiousness, whose epistemological cut lies in the critical analysis of the Judiciary, its role and its functionality. This issue is of the utmost importance, given the political-institutional crisis that the country is experiencing, and the need to seek scientific solutions to the problem. The hypothesis states that without the practical application of the Constitution as a technique for effecting social rights there is no real development. The following problem is pursued: Is the magistrate’s obligation restricted only to his or her discretion or can he or she actively advance when it comes to the realization of social rights? And, the low constitutionality and consequent lack of effectiveness of the fundamental norms derive from a legitimate concern with legal security and the principle of the economically possible or points to an extremely symbolic role of the Federal Constitution? The method of deduction and methodology based on exploratory and qualitative bibliographical research, with reference to the theoretical framework, “Justice and [the Paradigm of] Efficiency”, are based on the deductive method and methodology. It aims to show how the realization of social rights leads to development; the efficiencies and deficiencies of the Judiciary; and the adjustments needed to build a truly developed society.

Author Biography

Marcelo Gonçalves da Silva, UNIVERSIDADE NOVE DE JULHO - UNINOVE

Advogado e mestrando pela Universidade Nove de JUlho - Uninove - São Paulo/SP

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Published

2021-07-23

Issue

Vol. 9 No. 2 (2021)

Section

Articles

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