DEMOCRACY OF THE ELITES AND JUDICIAL ACTIVISM BASED ON WERNECK VIANNA'S RESEARCH: EVOLUTION OF THOUGHT, ROLE, AND INFLUENCE OF JUDGES IN BRAZILIAN SOCIETY
DOI:
https://doi.org/10.17058/rdunisc.vi75.20392Abstract
This article develops the reasoning that judges constitute an important part of the national elite, directly or indirectly outlining the country's course. Based on the researches carried out by Luiz Werneck Vianna, the objective of this work is to analyze the evolution of the thinking of this elite category in the last twenty years in order to answer questions such as the form of influence these judges have on society and the perception of their roles in the judiciary, as well as to to understand the phenomenon of judicial activism. The research carried out was bibliographical and documental, based on a qualitative approach. As a result, it is highlighted that during the period of re-democratization, magistrates saw themselves as interpreters of the law and perceived their role as bringing the judiciary closer to social causes but understanding that the necessary reforms should come from other branches of government. Today, however, there is concern about the autonomy of judges' decisions and the omission of the Executive or Legislative is no longer tolerated.