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Constitutional Theory And Political Activism: Theorectical And Practical Problems Related To Social Fundamental Rights, Carlos Luiz Strapazzon, Rodrigo Goldschmidt

Carlos Luiz Strapazzon

The main purpose of this text is to provide a critical discussion about the use, in legal theory, of the compound term ¨judicial activism¨. The institutional environment of analysis of this work is the Brazilian constitutional democracy, its complete system of fundamental rights and mixed model of constitutionality control. The main hypothesis discussed here is that the contemporary theory of democracy and the fundamental rights, in institutional settings such as Brazil, offers less obscure solutions to explain news forms of judicial performance operated to protect fundamental rights to positive actions. For that purpose, the article analyzes the uses of the …