Moral reading of constitution and judicial activism

The question of democratic legitimacy of judicial decisions in Brazil under the perspective of Ronald Dworkin

Abstract

The present article deals with the “moral reading of constitution” and its counterposition to judicial activism in Brazil under the perspective of Ronald Dworkin, through the analysis of the theoretical concepts of "chain novel", integrity and coherence. Through an analytical methodology, It also deals with the question of democratic legitimacy of judicial decisions and the possibility of invasion in the sphere of the Legislative by the Judiciary in the promotion of democracy and  fundamental rights when deciding hard cases, establishing the limit between "moral reading of the constitution" and judicial activism and between the promotion of democracy and fundamental rights and the violation of constitutional guarantees and institutional functions by the jurisdictional action, when faces "hard cases" and the laconic and open Brazilian legislation, which shows a trend towards the introduction of standards of coherence and integrity, but still faces difficulties in the courts to confer legal certainty and unity in law