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ID: <

10670/1.dwhds0

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An analysis of the argument of supralegality and the Brazilian legal system from the date of the decision of the Supreme Federal Court at 466343

Abstract

This article discusses the judicial activism played by Brazilian Supreme Court and its results on the Appeal 466.343- 1/SP, which paradigmatic precedent clearly violates the separation of powers and the sovereignty. Then, the work initiates with a critical analysis of that appeal, working, in the sequence, with the question of judicial activism, making clear its concept, the critics on it, and its relation with the judicial behavior and independence. The third part of the article works on the negative effects produced by the judicial activism over the separation of powers and on the idea of sovereignty, to, then, and finally, detach the error committed by the Brazilian Supreme Court when was created the Supralegality thesis, and that this thesis and the other about the paralyzing effects can bring bad consequences to the legal order.

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