O CONCEITO DE PODER EM MAQUIAVEL E SUA RELEVÂNCIA PARA A ATUAÇÃO E O ATIVISMO JUDICIAL DO STF

Abstract

This study analyzes the concept of power in Machiavelli, focusing on The Prince, and its relation to the actions and judicial activism of the Brazilian Supreme Federal Court (STF). It examines how Machiavellian strategies for maintaining and expanding power are reflected in the STF's actions, which go beyond mere interpretation of laws and assume a politically proactive role. The research specifically addresses the cases of ADIs 4.650 and 4.277, demonstrating that the court, by acting proactively, often fills gaps left by other branches. The analysis compares the centralization and strategic use of power suggested by Machiavelli with the STF's role as an agent of social and political change, consolidating rights and influencing public policies. It concludes that, although judicial activism and the STF's actions can be seen as necessary for protecting fundamental rights and maintaining democratic order, they raise debates about the limits of judicial power and its impact on the separation of powers and democracy in Brazil.