Políticas públicas e ativismo judicial: o dilema entre efetividade e limites de atuação

The current activist stance of the judiciary has generated repercussions in social relations, and specifically in relation to how to see the judicial function within the legal framework. Therefore, the present work perform a bibliographical and documentary research of the subject theme in order to analyze how the judicial activism has been seen by the doctrine and the existing dilemmas regarding the effectiveness of public policies and the limitations of judges facing the constitutional separation of powers and the economic and financial restrictions inherent in the theme. It is a relevant theme, owing to conflicts and debates that arise in society considering the guarantees provided by the Magna Carta and, in particular, the realization of social rights. In this respect, specific questions relating to the protection of social rights decided by the Judiciary and its implications for political arrangement-Brazilian institutional will be analyzed seeking to make notes on the limits of judicial activism in the protection of fundamental rights.