Risks and possibilities of judicial activism in democracy

The objective of this work is to verify to what extent it is possible to conciliate judicial activism and democracy, considering mainly the challenges presented by contemporary social relations. The justification of this proposal is based on the fact that the Judiciary has been increasingly sought to deal with demands involving the inadequacies of governmental public policies in the face of fundamental rights. We point out as a problem of the approach to verify if it is possible to overcome possible tensions between the excess of judicial activism and democracy as a political representation also institutional of other Powers, and as a hypothesis the premise that it should be adopted, for the solution of the problem, the oxygenated understanding of Democracy and its other legitimate protagonists, under penalty of emptying important instances of deliberation and daily political decision. The methodology used in this work was the hypothetical deductive.