A democratização da jurisdição constitucional: instrumentos de participação social
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Data
2011-05
Orientador(res)
Martins, Flavia Bahia
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This study aims to examine the constitutional jurisdiction under the post-positivist perspective with emphasis on the judicial review. The post-positivism broke the paradigms of traditional constitutional law giving the Judiciary a great political rising underlining the difficulty of judicial review. Moreover, the various manifestations of the constitutional jurisdiction pushed away the common citizen of the Supreme Court, transforming it in a single Court. New aspects of the judiciary, especially the Supreme Court, have generated a democratic deficit in the constitutional jurisdiction. This democratic deficit creates an imbalance between the two dimensions of a democratic state, where democracy is at a disadvantage in relation to the constitutional ideal. In an attempt to reduce the democratic deficit of the constitutional jurisdiction, this work rests on the importance of strengthening the instruments of social participation in the judicial review: amicus curiae, public hearings and site visits. In addition to rebalance the rule of law, strengthening of these tools brings the rationalization of decisions in place of concentrated control, since it promotes an exchange of experience between the judge and the reality allowing them deliver more effective decisions.