“Governo versus Jurisdição”: aportes para compreensão da crise nas democracias contemporâneas

Abstract

The article, based on a critical-deductive approach, analyzes the crisis government versus jurisdiction, demonstrating, first, the displacement of the crisis between the Executive and Legislative Powers, deeply leveraged from historical elements, to the other experienced in contemporary democracies among both versus the Judiciary. From that point on, it addresses the problem of not only formal, but material legitimacy of judges for primary decision-making in the face of legislative and/or executive omissions, in order to finally conclude the validation of an emancipatory perspective of jurisdiction for satisfaction of unfulfilled constitutional principles and promises, without this implying forbidden judicial activism, using, for this, the historical and deductive methods with bibliographical research.