Conventionality control and judicial activism: the role of the Judiciary as guarantor of human rights

Abstract

Despite the relevant role of the judiciary in guaranteeing human rights, the decisions handed down by the Brazilian courts have gradually moved away from the typical sphere of jurisdiction to the courts attributed. Given the relevance of the analysis of the problems of judicial activism, it is sought, through the adoption of the deductive method and the conduction of a qualitative, bibliographical and documentary research, to highlight what can be conceived as judicial activism and analyze if the Brazilian judiciary adopts an activist attitude when exercising the conventionality control of the internal norms with the human rights treaties ratified by the country. It is concluded that the atypical function exercised by the judiciary should not be seen as a harmful mechanism, but as a conscious judicial action, whose exercise allows the maximization of the protection of human rights.

Keywords

• controle de convencionalidade. ativismo judicial. direitos humanos.