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Monografia Acesso aberto A omissão legiferante e o suposto ativismo judicial: provisão jurisdicional de direitos e garantias fundamentais constitucionais(2019) Haettinger Carlen, JesséThis work has as goal the analysis of the judged of the Supremo Tribunal Federal – STF -, and of the processes in phase of pre-trial, under the point of view of the judicial activism and of the legislative omission, confronting with the constitutional principles of the Separation of the Powers and of the Juridical Security. This is an exploratory search, with deductive method, qualitative approach and documental bibliographic procedure. Also, the search sources were laws, jurisprudence, doctrines, scientific articles and pages of the web. Were conceptualized the constitutional principles of the Separation of the Powers and of the Juridical Security, the Fundamental Rights and Guaranties and the Judicial Activism. Was analyzed the legislative omission as obstacle to the consolidation of the Federal Constitution – CF/88; the judicial activism as protection of the fundamental constitutional rights and guaranties and alternative to the legislative delay; and the juridical security and the separation of the powers as tentacles of the democratic regime of right. This work demonstrates the STF as effective of rights and guaranties foreseen in the CF/88, in reason of the legislative delay. However, this work demonstrates the politic side of the Supreme Court in polemic cases, as the prison at second instance, doesn’t observing the principle of the Juridical Security. Also, was realized that the taxation about big fortunes become a dangerous taxation to be implemented, because the decision of the majority of the developed countries of extinguish its, although there is constitutional prevision for the implementation its. As well, it was seen the High Praetorian creating criminal types, although the doctrine have criticized the position of the Court. The results of the search show the proactive posture of the STF, having, many times, surpassed the legislative competence, for doesn’t to leave discovered the fundamental rights and guaranties foreseen at the Great Letter. Lastly, it showed imperious the use of the concretes theory by the STF, foreseen at the Injunction Order Law, for avoid, so, the disobedience to the principle of the Separation of the Powers.