EDITOR'S LETTER
The institucional role and the mode of operation of Brazil's high courts are under discussion.There is no agreement regarding to the direction and extension of what is called "judicial activism" and the limits of "judicialization of politics", or even the political space that courts should take place.
It's also discussed the argumentative quality on high courts' decisions and if they are binded to racionality and coherence to justify their sentences. After all, the court's institutional role can be thought from the point of view of the effects of judicial decisions on society and to the other governmental powers, as the internal point of view to the legal reasoning, space in which it discusses the influence of political arguments, economics or some other area on judicial decisions.
The articles published on this edition of DIREITO GV Law Review bring to a reflection on high courts power through these point of view above exposed, compiled on the dossier "Conflict of Powers and judicial activism."The first article brings an innovative formulation in Brazilian Law: positive and negative ways of activism, in view of separate law rationality and politics.
There are also texts that approach aspects such as the control of public politics by the judiciary, the influence of economic and political variables in judgments of the courts and the State's judicial responsibility on omission in environmental matters.
This current edition also brings the second part of "Law and inequality in the XXI century" texts, in addition to our previous one. It has been discussed through our last couple editions, thanks to the huge amount of exquisite texts that we have received about that. Therefore, we published texts that discuss: the same-sex marriage from the debate between Axel Honneth and Nancy Fraser; the problem involving the quilombolas; the judicial system management and the access to justice; and the impact of inequalities on criminal dogmatic, regarding to the principle of insignificance.
DIREITO GV Law Review also brings other topics of interest, such as: Antitrust Law in China; the Legitimacy of International Standards; the Aarhus Convention on the Environment; disregard for the legal person; and the issue of tax planning simulation in Brazilian precedents.
Enjoy your reading!
The Editor
Publication Dates
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Publication in this collection
26 Sept 2012 -
Date of issue
June 2012
