Judicial activism and consequences to the judge's impartiality

Abstract

Judicial activism is understood as the way to realize rights, with the judiciary being the protagonist of this expression, having a proactive participation before the other powers in relevant issues that deal with politics. The moral and the social are ultimately being determined by the court system, as well as its influence on the judge's impartiality. The role of the judge in this scenario generates questions about his impartiality in the decisions taken, so that there is a vice of interpretation, guided by his personal convictions. The aim of this paper is to understand the relationship between judicial activism and how it can affect the judge's impartiality at the time of a decision, also bringing the principle of reasonableness and proportionality as the correct path to follow to obtain a coherent and assertive decision. This article was carried out by the deductive method and through bibliographical consultations, reading of articles and interdisciplinarity, from the understanding of judicial activism and consequences to the impartiality of the judge.