THE JUDICIAL ACTIVISM AND THE TENSE AND FRAGILE BALANCE OF SOCIAL INCLUSION AND FREE ENTERPRISE

THE ROLE OF THE JUDICIAL BRANCH ON CONSTRUCTION OF PUBLIC POLICIES AND ITS INTERVENTION IN THE ECONOMICAL DOMAIN

Abstract

The judicial activism, specially the one that comes from the highest courts all around the world – and, in Brazil’s example, in a remarkable way by the Supremo Tribunal Federal –, is certainly one of the richest issues for a contemporary debate inside law studies, specially towards the public policies concretization, as well the social inclusion that its policies could bring. We must consider, in the other hand, that social inclusion couldn’t be a absolute value, ought to be harmonized with other relevant values, and, in this case, we contrasted the free enter enterprise and the business activity. At the end, as a analytical reference, we brought the Raposa Serra do Sol leading case, delimited on a STF judgment.