The Apex of Judicial Action: Legislative Omissions Legitimize Judicial Activism

Abstract

This article examines legislative omission and its consequences for society, addressing the legislator’s freedom to enact laws and the corresponding duty to legislate. Through a critical-interpretative approach and extensive bibliographic analysis, the study aims to demonstrate the social vacuum generated by legislative inaction.

It highlights constitutional remedies designed to mitigate the effects of such omissions and reflects on the possibility of imposing sanctions on the Legislative Branch for abuse of negative power. The article further proposes solutions to prevent these omissions, including the supplementary role of the Judiciary.

Finally, it questions whether such judicial intervention may be characterized as judicial activism and whether it can be legitimized in light of the normative void resulting from legislative omission.