O estado democrático brasileiro e a atuação da jurisdição constitucional: caminhos para a afirmação da soberania estatal
MACEDO, Adriana Gomes Medeiros de. O estado democrático brasileiro e a atuação da jurisdição constitucional: caminhos para a afirmação da soberania estatal. 2015. 119f. Dissertação (Mestrado em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2015.
Macedo, Adriana Gomes Medeiros de
After the promulgation of the Federal Constitution of 1988, a new constitutional model which calls for the realization of fundamental rights. The democratic state seeks to find a new form of legitimation, which is not restricted to vote, or for Political Rights: the democratic element, the result of extensive discussions, open, inclusive and participatory. The adoption of constitutional jurisdiction were driven by a politics of popular sovereignty option in the inset letter Magna1988. At this stage, there is the expansion of constitutional jurisdiction, which brings up the debate on democratic legitimacy. From this perspective, making a delimitation in our object of study, we aimed to discuss the role of the Constitution and the role of constitutional jurisdiction as of last resort interpretation of the constitutional text. For this purpose, we understand the Constitution situatedat the apexof the legal systemas an open standard which comes alive through the interpretation process carried out by the whole society. And before the crisis of the representative system, the constitutional jurisdiction is analyzed in its procedural natureinherent in the democratic deliberative model. For this, we use the exploratory and descriptive research by means of books, scientific articles, monographs. This paper analyzes the role of Brazilian constitutional jurisdiction under the concept of deliberative democracy, the democratic rule of law, whose theoretical framework is Jürgen Habermas, checking up as the constitutional jurisdiction can democratize, investigating what possible alternatives to carry out the democratic reconstruction of the constitutional text, the assertion of state sovereignty. Argues finally that procedural opening using the amicus curiae and public hearings on constitutional control system represent elements(re) democratizing the debate, so as the possibility of production of the decision more legitimately, in line with the public outcry and yet in line with all those who are potentially affected by the decision.