HERMENEUTICAL OPENING OF PRINCIPLES AND JUDICIALIZATION OF POLITICS: THE RISKS OF JUDICIAL ACTIVISM IN BRAZIL
Thiallyta Hanna Alves Assis
Master's student in the
Postgraduate Program in Law at the Federal University of Ceará (UFC), Email:
thialitahanna@gmail.com
Vanessa Monteiro Lima
Doctoral student in the
Postgraduate Program in Law at the Federal University of Ceará (UFC); Email:
vanessamonteirolima27@gmail.com
ABSTRACT
This research focuses on the influence exerted by
hermeneutic openness, wrapped up in the Theory of Principles, in the context of
judicial decisionism, and its interrelationship with the Judicialization of
Politics. The aim is to understand how this hermeneutic openness has influenced
the formation of a decisionism based on the personal morality of the judge.
Therefore, the aim was to define the norm as a genre, made up of two species:
rules and principles, seeking to understand the actions of the judge in
difficult cases in the face of hermeneutic openness. Methodologically, an
inductive approach was adopted, based on academic works, containing the
interdisciplinarity between Law and Philosophy based on the relationship
between legal institutions and their limitations between powers and freedom.
Finally, it was found that the maxim of proportionality, which primarily limits
arbitrary decisions, has come to be used in Brazilian jurisprudence as a
legitimizer of decisions contrary to current rules.
Keywords: Proportionality . Hermeneutics Openness . Judicialization of Politics .
Reviewed by Current Scientific Journal
on
abril 01, 2026
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