The aim of this work is to demonstrate the overcoming of the model of the Liberal State, especially evidenced in Brazil by the consecration of the principles of the welfare state in our Constitution, legitimizes the possibilities of judicial activism. It. RBPP [Internet]. 2015 Jun. 6 [cited 2026 Sep. 13];5(2):208-22. Available from: https://publicacoesacademicas.uniceub.br/RBPP/article/view/3119