JUDICIAL PROTAGONISM, A BRASILIAN INSTITUTIONAL REALITY – FROM DWORKIN

This article aims to analyze the question of the judiciary from the perspective of Dworkin, but not in a limited way. The teachings of this author are intended to point out realities that are distant from his own, focused on Brazilian today, a dual and antagonistic society, immersed in a serious constitutional and democratic crisis. It faces social and cultural inequalities that can only be overcome by guaranteeing the abstract and concrete precepts of its constitution. For that, an interpretation perspective is nedeed. A kind of perspective that repects not only the written constitution, but also the unwritten one, which is based on subjective orders of values and morality, on principles that respect the history, focus in order to guarantee equal respect and consideration to individuals. It is consistent to state that such an interpretation does not offend or violate the principle of separation of powers, because it is based on a constitutional democracy.