"JUDICIARY AND DEMOCRACY: INTERPRETING AND COOPERATING TO HELP BUILD FUNDAMENTAL RIGHTS"
Judiciary. Democracy. Fundamental rights. Social demands. Cooperation.
This paper aims to analyze the role of the Brazilian Judiciary in interpreting fundamental rights and guarantees provided for in the Federal Constitution, addressing decisions involving social rights, such as health and education. We advocate for proactive action in the field of human rights, as opposed to so-called "judicial activism." We discuss the possibility of initiating cooperation by the Judiciary, even before a formal demand is filed, in cases involving human rights. The research focused on gathering legal publications and political, legal, and social literature, as well as conducting research in the CNJ (National Council of Justice of Brazil) databases and another sources. We used predominantly inductive methodology, including theoretical, practical, qualitative, and quantitative research. Basedon this study, it was possible to conclude that the Judiciary should improve communication with society, using less formal language as a way to increase access, knowledge, and credibility in institutions and in democracy, thus being a constructive interpreter of the civilizing process, making law an instrument for seeking the foundations of our Republic.