THE SEPARATION OF POWERS AND THE PROTAGONISM OF THE JUDICIAL POWER

Abstract

THE SUBJECT OF THE STUDY IS THE JUDICIARY PROTAGONISM IN THE FACE OF THE SEPARATION OF POWERS, WITH A FOCUS ON THE CONSTITUTIONAL STUDY OF THE JUDICIARY'S ROLE AS PROTECTOR OF THE CONSTITUTION. WAS IT AIMED AT ANSWERING WHETHER THE JUDICIARY POWER PLAYS A LEADING ROLE IN RELATION TO THE OTHER POWERS? WHAT ARE THE LIMITATIONS AND CHALLENGES ENCOUNTERED? IS THERE AN EXAGGERATION ON THE PART OF THE PERFORMANCE OF THE JUDICIARY?. THE GENERAL OBJECTIVE OF THE STUDY IS TO UNDERSTAND THE FORMATION OF THE BRAZILIAN STATE AND ITS ORGANIZATION WITH SPECIAL ATTENTION TO THE ROLE OF ANY OF THE POWERS AND SPECIAL ANALYSIS OF THE JUDICIARY. THE SPECIFIC OBJECTIVES OF THE STUDY ARE: TO DEVELOP THE HISTORICAL PROCESS OF BRAZILIAN LEGALPOLITICAL FORMATION; ANALYZE THE ROLE OF THE JUDICIARY AND ITS RELATIONSHIP WITH OTHER POWERS. OBSERVE THE IMPORTANCE OF THE JUDICIARY AND OBSERVE THE EXTENT OF ITS PERFORMANCE AS A GUARANTOR OF COMPLIANCE WITH LEGISLATION. THE STUDY HAS A DEDUCTIVE STUDY METHODOLOGY, WITH A HISTORICAL APPROACH TO THE SUBJECT, USING DOCUMENTARY AND BIBLIOGRAPHIC MATERIALS. THE CONCLUSION OF THE STUDY PRESENTS AN EXISTENCE OF JUDICIAL PROTAGONISM THAT IS LEGITIMIZED BY A PROTECTION OF CONSTITUTIONAL RIGHTS, WITHOUT APPARENT ABUSES IN THIS PROTAGONISM..