A criação judicial do direito : o papel do Supremo Tribunal Federal como legislador positivo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The Law, as every reality, possesses its production or manifestation sources. Thus, the history acclaimed the legal norms, the doctrine, the mores, the general principles of law and the jurisprudence as sources or forms of expression of the Law. Its relevant to know, though, in what measure the Judiciary, through its judges, can create the Law; if would or not be a violation of the separation of powers principle. The creative role carried out by the Judiciary has been gaining relevance as the Constitutional Jurisdiction takes space in the life of the post-modern State. If centuries ago it was discussed the possibility of this form of creation of the Law, today the concern is tied to the limits of this creative power. There are several examples from the Supremo Tribunal Federal of manifestly Law-making decisions, in spite of the current idea that it has only a role of negative legislator. Therefore, the Supremo Tribunal Federal has been pointing out that the judicial creation of the Law is a task, also, of the judges.

ASSUNTO(S)

supremo tribunal federal - dissertaÇÕes direito constitucional jurisdiÇÃo constitucional - dissertaÇÕes poder judiciÁrio - dissertaÇÕes

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