O ativismo judicial e o garantismo processual penal

Abstract

This work portrays the Judiciary's role as a judicial activist in order to guarantee the full execution of the criminal process, in order to effectively enforce it, in view of the omission of the Executive Branch in relation to the responsibilities assigned to it. This aims to demonstrate the diverse understanding of some important names in history and the current day on the subject mentioned. The work was done with dominance in the deductive methodology, using as a bibliographical procedure: books, articles, theses, judgments, etc. With diverse opinions on the subject and with the passage of time and change in the interpretations made in our legal system, the majority is understood by the Judiciary Power can and should act as a judicial activist, as this guarantees and guarantees the fundamental rights and guarantees listed in the constitution. Even in our Magna Carta report that the powers are "harmonic and independent of each other", the fact that a fundamental principle in the constitution is not being respected, makes the act of the Judiciary accepted by the judges, unfortunately, only this way can be ensured the right to the individual from the prison system, which is the focus of this study.