PROCESSOS ESTRUTURAIS E ATIVISMO JUDICIAL NO BRASIL: CAMINHOS PARA A EFETIVIDADE JURÍDICA

Abstract

The paper addresses structural processes and judicial activism in Brazil, highlighting how both contribute to legal effectiveness in complex and systemic contexts. Structural processes are analyzed as innovative instruments that enable the restructuring of dysfunctional institutions, particularly in areas such as human rights and public policies. The research explores the origin of these processes, with emphasis on their application in Brazilian law, reflecting on the legitimacy and limits of the Judiciary's role. Judicial activism, in particular, is discussed as an approach that promotes institutional changes, often in tension with the principle of the separation of powers. The study suggests that, while these tools are essential for the enforcement of fundamental rights, it is necessary to carefully balance judicial intervention with respect for the roles of other branches of government.