HERMENEUTICAL OPENING OF PRINCIPLES AND JUDICIALIZATION OF POLITICS: THE RISKS OF JUDICIAL ACTIVISM IN BRAZIL

This research focuses on the influence exerted by hermeneutic openness, wrapped up in the Theory of Principles, in the context of judicial decisionism, and its interrelationship with the Judicialization of Politics. The aim is to understand how this hermeneutic openness has influenced the formation of a decisionism based on the personal morality of the judge. Therefore, the aim was to define the norm as a genre, made up of two species: rules and principles, seeking to understand the actions of the judge in difficult cases in the face of hermeneutic openness. Methodologically, an inductive approach was adopted, based on academic works, containing the interdisciplinarity between Law and Philosophy based on the relationship between legal institutions and their limitations between powers and freedom. Finally, it was found that the maxim of proportionality, which primarily limits arbitrary decisions, has come to be used in Brazilian jurisprudence as a legitimizer of decisions contrary to current rules.