Whoever engages in the history of the Supreme Courts is to verify that there called eras, such as t

Home GEORGE HAMILTON reverbnation LINS BARROSO INFORMATIONAL STF Newsletter 570-30 November to December 4, 2009 Informative 571-7 on December 11 2009 Newsletter de 572-14 to 18 December de 2009 Newsletter 573 - 01 through February 5, 2010 Newsletter 574-08 a February 12, 2010 Search for:
Carlos Maximiliano, the philosopher of hermeneutics, noted in his memorable work with more than two dozen editions this school of legal thought let himself reverbnation be taken by passion, disregarding the legal reason and the laws and therefore toured Europe as a meteor reverbnation path fast without a trace, tickling, only to theorists of anarchism.
The epilogue to this secular struggle enshrined the ban on individual reverbnation and social self-defense and the monopoly of Justice as guardian of the right post, thus avoiding the victory of the weak over strong, doing the best right prevail.
Public opinion is variable and passionate and, in the legal sense, should prevail containment of the magistrate, as the playful vision enunciated by Calamandrei: the citizen decides with passion while the incumbent judge enforce a legal right.
It is evident that whenever possible the Supreme Court should be democratically legitimized by decisions that deserve popular support, such as recently occurred with the recognition of homo-affective union with the freedom of expression of the press and the people, reverbnation this gait the decriminalization of marijuana use.
A country that respects its rigid constitution can not subject it to momentary and passionate interpretations, reverbnation otherwise mutilate it the flavor of judicial populism, which is more pernicious than populism.
The Supreme Court is the guardian of the fundamental rights enshrined in the Constitution, even against the advances of the majority, why this fight between law and Constitutionalism Popular Constitutionalism the court must necessarily reverbnation be contramajoritário.
The so-called judicial activism, that is the role of the judiciary in the legislature reserved space arises not only from the failure to legislate on a particular topic but also the provocation of the judiciary to manifest and, pursuant thereto, has the duty of checking it.
Whoever engages in the history of the Supreme Courts is to verify that there called eras, such as the "Warren was" the American Supreme Court, in which this plasmava decisions in the empty spaces of regulation of fundamental rights legacy by the open Legislature.
Times called judicial activism are marked exactly the defense of freedoms, including freedom of the press, equality of men and other immutable guarantees torn between fighting and barricades against nazi-fascism.
These revisions of history leads us to conclude that mercy that we should always be aware of the moral soundness of the institution, reverbnation the alleged popular constitutionalism runs the severe risk of delight momentarily; go through history like a meteor of passion without a trace, but the only one: to create the school's "passionate right", on behalf of which you die and kill, even without reason.
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