New Instruments of Judicial Activism and Their Impact on Public Policies

The present paper analyzes the impacts of judicial activism on public policies. First, it studies constitutionalism under the prism of social rights; then, the different doctrinal currents regarding the role played by the Judiciary Branch aroun social rights. Here concept of judicial activism is scrutinized and after, concrete cases before the Federal Supreme Court of Brazil are examined. Also, the Brazilian Judiciary opening to foreign jurisprudential experience on the implementation of fundamental human rights, with a survey of what is understood by judicial activism in India, the institute “unconstitutional state of affairs” of the Colombian Constitutional Court and the so-called “meaningful compromise” in the Constitutional Court of South Africa. The work indicates the jurisprudential precedents that incorporated a new decision-making model and analyzes its legitimacy, which reflects the continuity of the constitutional jurisdiction, even after the delivery of the decision.