GARANTISM, JUDICIAL ACTIVISM AND FUNDAMENTAL RIGHTS IN PUBLIC ADMINISTRATION

Abstract

The presente work deals with the theory of the State guarantee, judicial activism and fundamental rights in the Brazilian Public Administration. The general objective is to analyze judicial activism as a compromising element of the State's garantist form and of fundamental rights. Specifically, it aims to: define what is garantism; discuss judicial activism in Brazil; and list the fundamental rights opportunized by the Public Administration with a focus on bidding processes and administrative contracts. Therefore, the question-problem of the article is: how judicial activism compromises the concept of the State and the constitutionalized human rights. The initial hypothesis is that the state model with a garantist base is being weakened by the expressive judicial activism, also compromising the viability of the fundamental rights present in the Public Administration. For the construction of this scientific work, the hypothetical-deductive method and case studies will be used, as well as the monographic procedure method with documental and bibliographical research techniques.