This dissertation analyzes the phenomena of the judicialization of politics and judicial activism and their consequences in the brazilian current scenario. There is a discution if these injure the separation of the powers principle, as it was proved the judicial activism may take the responsability for it. These phenomena disturb the legislative power, that may react eaditting new constitutional amendment or laws that are against these decisions told by the Supreme Court. This subject betwen the judiciary power and legislative rises the question about who world be the owner of the last word but it could also promote a usuful national constitutional dialogue nowadays.