THE EFFECTS OF JUDICIAL ACTIVISM IN THE FACE OF INCREASED ACCESS TO THE JUDICIARY AS AN INSTRUMENT FOR PROTECTING PERSONALITY RIGHTS

Abstract

The human being is at the center of protection
in the Brazilian legal system, which is why
all the branches of the State, the Legislative,
Executive and Judiciary, are responsible for
guaranteeing the rights that protect their
well-being, development and dignity, such as
personality rights. The objective of this research
is to analyze how judicial activism can be
understood and, based on broad access to the
courts and human dignity, how it works with
regard to the protection of personality rights.
Using the deductive method and bibliographic
and documentary methodology, it analyzes
various scientific works and articles, as well
as domestic legislation and Federal Supreme
Court rulings related to human personality.
The conclusion is that, although the separation
of powers assigns specific functions to each,
and they are independent of each other, when
it comes to protecting essential rights, the
individual cannot be submitted to legislative
and executive activity, which is sometimes
inefficient and time-consuming, which is why,
although not unrestrictedly, the Judiciary is an
instrument for protecting personality rights
when the other powers fail to do so.

KEYWORDS: Judicial activism. Human
dignity. Personality rights. Judiciary.