Originalismo como instrumento de combate ao ativismo judicial

Abstract

The present monograph purports to demonstrate the necessity of applying the hermeneutical theory known as Originalism to Brazilian Law, so as to contain the advance of judicial activism. This thesis seeks to achieve that objective through a bibliographic review of the works that relate to the subject, an analysis of comparative Law and a case-study of the relevant decisions. The thesis begins by presenting a general introduction to Originalism through the presentantion of concepts and practical examples, as well as by addressing the main critics directed towards the theory. Furthermore, the monograph proposes a similar general approach towards judicial activism, identifying its main foundations and examples of its utilization in the Supreme Federal Tribunal. Afterwards, the analysis turns towards Brazil through an analysis of the current scenario in the country’s Judiciary branch. Also, the thesis promotes a demonstration regarding the application of Originalism in the Brazilian legal practice In conclusion, considerations are made regarding the necessity of applying the originalist method in Brazil, with the goal of promoting a return to judicial self-restraint in the nation.