Judicial Activism or Constitutional Hermeneutics

The magistrate, and other operators of the law, are required to make a hermeneutic effort if they are committed to satisfying the ideals of justice, and not merely subsuming the fact to the norm, and this work will demonstrate that both in the field of civil law and collective law, there are incidences of resolution of the so-called hard cases, such as the decree of civil imprisonment when a substantial part of the food debt has been paid; in cases where the debtor is an elderly person; and, finally, in cases where the judiciary intervenes in public policies, requiring the operator of the law to have a hermeneutic framework capable of overcoming this type of difficulty.