O ATIVISMO JUDICIAL ENTRE OS PRÓPRIOS PODERES DA JUSTIÇA:DECISÕES DA JUSTIÇA DO TRABALHO QUE CONFRONTAM AS DECISÕES DA SUPREMA CORTE

Abstract

The present work seeks to address judicial activism in its various forms of action, in
which magistrates, believing that there are affective feelings (for example: promoting justice),
and even their own idealism, end up going beyond their constitutional legitimacy of action,
passing directly interfere with other powers.In times when the national congress intended to
reach the monocratic decisions of ministers from higher bodies, especially the Federal Supreme
Court in the exercise of constitutionality control, which often impact the effects of legislation
recently put into force, or in Acts of the presidents of other powers, end up resulting in
interference in the actions of other powers, the approval of PEC No. 82/2019 continues to be
discussed.It turns out that, as if a broad discussion on judicial activism as a way of interfering
in acts of other powers were not enough, little attention has actually been given to judicial
activism exercised among the justice bodies themselves, in which decisions from hierarchically
inferior judgments in the structure of the judiciary, has struggled with decisions from higher
courts, mainly the Supreme Court.With this, the present work will demonstrate that judicial
activism exercised excessively not only ends up interfering in acts of other powers, but also, legal
uncertainty deepens when bodies of the judiciary itself contradict each other, especially violating the decisions of the STF.