Jurisdição constitucional: origem, ascensão e efeitos na democracia

• Autor(a) principal: Martins, Bryan
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5608
• topic: Poder Judiciário; Jurisdição constitucional; Democracia

The main purpose of this research is to demonstrate the historical development of the Judiciary Power to enable a deeper comprehension about the judicial review, its role in the contemporary ascension of the Judicial Branch influence and its ramifications on the democratic regime. It was an exploratory research with a qualitative approach. The information was retrieved through a combination of bibliographical and documental collection methods. The findings have shown that the judicial review doctrine was central to the present-day Judicial Branch’s protagonism with regard to the State’s internal power divisions, functioning as a technique to suppress the authoritarian inclinations of the government and to shape public policy. Nevertheless, owing to its recent development as a legal phenomenon, there is still a lack of well-established boundaries to determine how should the Judicial Branch proceed in any given constitutional case presented before itself, seeing that the occurrence of judicial overreach may harm the democratic regime’s foundations.