O ativismo judicial e o supremo tribunal federal: um estudo de caso da adi nº 6.341.

Abstract

The present study deals with the performance of the Federal Supreme Court in conducting the judgment of the Direct Action of Unconstitutionality nº 6.341, in the light of the provisions of the Federal Constitution of 1988 and the concept of judicial activism. In this ADI, the Ministers of the Supreme Federal Court, in a Plenary Session, by majority vote, agreed to countersign the precautionary measure partially granted by Minister Marco Aurélio, to make explicit, in the pedagogical field, the concurrent and common competences of the entities of the federation in public health in the context of Covid-19. In this way, the constitutional guidelines that led the Federal Supreme Court in this decision will be investigated, to better understand the phenomenon of judicial activism and its possible occurrence. For such a gentleman, the present study will deal with the historical evolution and the conception of judicial activism, as well as the constitutional limits that guided the ministers' interpretation, to safeguard the federative pact and the democratic state of law. And finally, it will await the repercussion of this decision in the media and social networks, as well as the political context and the inter federal conflicts that influenced the decision that endorsed the precautionary measure partially granted in the judgment of the Direct Action of Unconstitutionality nº 6.341. Keywords: Judicial Activism. STF. Covid-19. ADI nº 6.341.