Limits and attributions: judicial activism and the practice of law in accordance with the principle of legality and the law of abuse of authority in criminal proceedings

Abstract

Abstract: This scientific article addresses the issue of judicial activity and its impact on the practice of law, considering the importance of respecting the principle of legality and the Law of Abuse of Authority in the context of criminal proceedings. Initially, it explores the principle of legality, fundamental for the maintenance of the Rule of Law, it discusses the Law of Abuse of Authority, which aims to cover the excesses of public agents in the exercise of their powers. The article focuses on not abusing the law, emphasizing the importance of judges acting within established legal limits, respecting the principle of the law and avoiding extrapolations that could compromise due process of law. In addition, it is emphasized that the lawyer has a fundamental role in defending the rights of his clients, and must act in accordance with the ethical and legal principles of the profession, as well as denounce possible abuses of authority. The study seeks a balance between judicial independence and respect for legal limits is essential to ensure justice and the observance of two fundamental rights in the criminal justice system.