In an exclusive interview with the Coordinator of the Online Course on Regulatory Delivery, Lucila de Almeida, Justice Luís Roberto Barroso, Minister of the Brazilian Supreme Court, speaks about the limits to the judicial control of regulatory agencies’ decisions.
In a brief interview, Justice Barroso explains the distinction of judicialization and judicial activism, and why the latter is problematic when courts interfere in administrative decisions concerning the technical discretion of agencies or public policies.
Justice Barroso also expresses his opinion about the high number of lawsuits in Brazilian Courts, which leads to a high number of injunctions. The adverse effect is, therefore, the suspension of regulatory agencies’ decision by injunctions without thoroughly balancing the legal criteria of this precautionary remedy and the presumption of validity of administrative decisions.
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