Abstract
This paper aims to analyze judicial activism, an expression that still demands a precise meaning in Brazilian legal literature. Firstly, the text exposes a couple of meanings the expression judicial activism may assume in Brazilian Law; it also explores the need of constraints to judicial activism other than mere interpretive ones. Thus, the text analyses a posteriori constraints, such as binding precedents and incrementalism. In its third part, the paper explores a Brazilian Supreme Court in emblematic case, connecting it to the theories and constraints previously exposed.
Keywords:
judicial activism; constraints; precedents, incrementalism; Brazilian Supreme Court