PERSONALITY RIGHTS AND THE LIMIT OF JUDICIAL ACTIVITY:

CIVIL RESPONSIBILITY AND THE JUDICILIZATION OF LIFE

Abstract

In contemporary society, social and family relationships are no longer marked by stability, but, following the speed of information, the cruel logic of the rampant consumer market, there are volatile, “illiquid†relationships, in which the feeling of alterity is exception. In this scenario of risks and uncertainties, the individualization process of the human being is impacted and the search for judicial protection to compensate for the lack of affection becomes a notable one, with what Minister Luis Roberto Barroso called “judicialization of life â€to indicate the phenomenon of intervention by the Judiciary in the most varied aspects of life, whether from a social, political and moral point of view. In this scenario, considering happiness as a right, this article proposes, based on the doctrinal and jurisprudential review, to answer the following question: what is the judge's necessary stance when judicializing affection for indemnity for abandonment, in the “liquidity†of the relations to the humanization of justice? Therefore, using the deductive method, the role of the magistrate today will be analyzed, in the context of neoconstitutionalism, addressing concepts and criticisms about judicial activism, as well as the civil liability institute for non-compliance with the duty of care and affection, the elements characterized, the logical consectaries of affective abandonment and what is the recommended posture of the judge in this regard.