Jurisdição constitucional brasileira: entre a proteção dos direitos de minorias e o labirinto do ativismo judicial

Abstract

This article examines the countermajoritarian role of constitutional jurisdiction in Brazil, focusing on the protection of minority rights, particularly those of the LGBTQIA+ community. The general objective was to evaluate the performance of Brazilian constitutional jurisdiction in safeguarding minority rights and preserving constitutional balance. The specific objectives included investigating the influence of judicial activism on the defense of fundamental rights, examining the dynamics between democracy and constitutional jurisdiction, and identifying the challenges faced by constitutional jurisdiction in a politically polarized environment. The methodology adopted was qualitative research, with analysis of legal and constitutional documents and review of academic literature. The study highlights the importance of balancing the judicial activism of the Supreme Federal Court (STF) with respect for the autonomy of powers, ensuring fundamental rights without compromising democracy. Despite advances, challenges in the realization of minority rights persist, requiring a continuous commitment to promoting equality and social justice to build a truly democratic and inclusive society.