Judicial Activism in the Robin Hood’s Justice Model

Abstract

The Theory of the Separation of Powers is long rooted in most legal cultures and modern constitutions of societies that judge themselves as a democratic state. It happens that, the constant failure of the legislative and executive branches, as well as the search at all costs for social justice and for the implementation of fundamental rights, is making the judicial activism an unresolvable reality at the Brazilian Judicial Power, namely at the labor courts. In this sense, the objective of this study is to demonstrate that the Labor Court is, in fact, activist, which endangers the democratic legitimacy of the Judiciary. In addition, it seeks to prove that, especially with regard to the piercing the corporate veil, the Labour Court has consolidated in recent years a Robin Hood model of "justice", since, in his desire to satisfy labor maintenance claims, it is increasingly using the doctrine of disregard of the legal entity in an absolutely incorrect and unlawful manner, threatening the principle of patrimonial autonomy and hence the existence of the very institution of the legal entity. This article seeks to prove that the activist attitude of the Labor Court in this matter ends up generating a real weakening of labor rights. Methodologically, the research used was bibliographic, as well as survey and analysis of jurisprudential data. Regarding the type - use of the results, this research is pure, with the purpose of increasing the knowledge of researchers, aiming at a new position paper. The approach is qualitative, quantitative, exploratory and descriptive of goals.