O Poder Judiciário como legislador positivo atípico

Dayne Karla Barros de Farias Duarte; José Armando Ponte Dias Junior

doi:10.5433/1980-511X.2013v8n3p131

Authors

Dayne Karla Barros de Farias Duarte State University of Rio Grande do Norte
José Armando Ponte Dias Junior State University of Rio Grande do Norte and Rio Grande do Norte's Court

DOI:

https://doi.org/10.5433/1980-511X.2013v8n3p131

Keywords:

Juiz Legislador, Ativismo Judicial, Súmula, Corte Constitucional

Abstract

This article deals with the legal activism and its consequences. Stands out, on the one hand, the rigidity of perceptions, judicial slowness, the offense of human rights and the principle of separation of powers; on the other, legal certainty, the application of principles with proportionality, speed of the procedure, equality, justice, the guarantee of constitutional principles, the loosening of the old and stagnant idea of separation of powers, the improvement of the trial work magistrate, in addition to pressing charges to be made to the legislature. Debate to Brazilian jurisdictional progression from legal precedent, the overviews, the binding precedents and the peculiarities of labor law and electoral. With reasoning based on analogies, theories and new concepts puts the problem in refutation of the Judiciary is legitimate or not to legislate atypically.

Author Biographies

Dayne Karla Barros de Farias Duarte, State University of Rio Grande do Norte

Intermediate knowledge in law, focusing on research Digital Law area. Technical expertise in IT, especially in the area of aid to staff, installation and maintenance of computers. Technical Informatics (2006-2009) by IFRN - Central Campus Christmas - with professional experience. Graduating in law (2010 - ? ) at UERN - Campus Natal, with emphasis on Digital Law, acting on the following topics: digital networks, damages and liability. Strong interest in scientific research for publications and studies. Passionate and Digital Constitutional Law. Works as a Technical Business Administration at UFRN

José Armando Ponte Dias Junior, State University of Rio Grande do Norte and Rio Grande do Norte's Court

Master in Constitutional Law from the Federal University of Ceará (2009), Specialist in Criminal Procedure at the University of Fortaleza (1999) and a law degree from the Federal University of Ceará (1997). Effective teacher at the University of Rio Grande do Norte State (UERN) since 2002, where has taught courses in the areas of CRIMINAL LAW, CRIMINAL PROCEDURE LAW, CONSTITUTIONAL LAW and ELECTORAL LAW. Member of the Research Group of UERN on Citizenship, Public Participation and Public Policy since 2013. JUDGE Christmas District RIGHT / RN since 2009, having previously served as Judge of the District of Mossoró / RN (Jury and Penal Execution), the District Areia Branca / RN (Criminal Court), the District Governor Dix-Sept Rosado / RN and the District of Portalegre / RN. Electoral judge in Rio Grande do Norte from 2003 to 2006. EU lawyer at the Regional Prosecutor's fifth of the Union. Region in Recife / PE, in 2000. Professor of Criminal Procedure and Criminal Forensic the Federal University of Ceará Practice from 1997 to 2000. Author of the books JUDICIAL CONTROL OF DISCRETIONARY ACTS OF PRISON ADMINISTRATION (Fortaleza: Premius, 2009) and ELIGIBILITY AND MORALITY: THE FUNDAMENTAL RIGHT MORALITY OF APPLICATIONS - 2nd Edition (Curitiba: Juruá, 2012). Member of the Group of Support to Criminal Executions of Internal Affairs of Justice of the Court of Justice of Rio Grande do Norte from 2009 to 2012. Member of the Editorial Board of Law and Freedom Magazine since 2013. He has experience in law, with emphasis in Criminal Law , Criminal Enforcement, Criminal Procedural Law, Constitutional Law and Electoral Law.