O ativismo judicial e a defesa do meio ambiente

Abstract

With the constitutionalization of human rights , the Brazilian judiciary has assumed a new role to enforce fundamental rights, including in the face of other powers . With this paradigm shift , face new and complex issues involved , including the collective dimension of law, judges have adopted an increasingly active and creative behavior by the judge. This work through the analytic-synthetic , objective method to check whether it is possible in Brazilian law the use of judicial activism in defense of the environment as a means of judicial interference in public policy for its correction , complementation, suitability and implementation , when they are wrong , incomplete, inadequate with a constitutional promise.