AN ANALYSIS OF CONSTITUTIONAL JURISDICTION IN BRAZIL AND JUDICIAL ACTIVISM

There are various judicial concepts to define what the Constitution is. However, it seems that all converge to the same point: the fundamental law of State, from which emerge, mainly, structural rules of the State and fundamental rights and guarantees. Faced with such legal magnitude, along with the concept constitucional supremacy, it is necessary the existence of Judicial Review, as an instrument of constitucional defense and enforcement rights. The system of Judicial Review adopted in Brazil has contributed to an improvement in relation to he expansion of activities of judicial function. The way the Judiciary Power acts could take place in Judicial Activism, characterized by a more intense "participation" and more interference in the actions of Legislative and Executive Powers, which can interfere in the balance of states functions.