Ativismo judicial no direto previdenciário criação judicial de direitos versus segurança jurídica
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Abstract
Abstract
In this article, the objective is to analyze the issue of judicial activism in the Brazilian social security context, verifying the limits of action imposed on the judiciary when facing decisions inherent to public policies. For this purpose, the research was divided into four moments: in the first, judicial activism in the field of public policies was analyzed, and then, in the scope of social security law, based on two specific cases judged by the Federal Supreme Court. Therefore, it was verified to what extent judicial activism creates conflicts of interest between existing rights and those created, as well as the need to weigh these rights. Finally, using the deductive method of research, it is intended to verify whether or not the judicial activism is harmful to legal certainty, especially when the decision is based on omission or absence of legislative provision in the face of constitutionally enshrined Social Rights.
Keywords: judicial activism; social security law; legal certainty.
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Ao encaminhar os originais, o(s) autor(es) cede(m) os direitos de publicação para a Revista Brasileira de Direito Social.