A legitimidade democrática da jurisdição constitucional na concretização dos direitos fundamentais

• Autor(a) principal: Guilherme, Luiz Antônio Cardoso de Melo
• Data de Publicação: 2024
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFS
• Texto Completo: https://ri.ufs.br/jspui/handle/riufs/19451
• topic: Direitos fundamentais; Jurisdição constitucional; Supremo Tribunal Federal (STF); Legitimidade democrática; Poderes da república; Fundamental rights; Constitutional jurisdiction; Federal court of justice; Democratic legitimacy; Republic powers; CIENCIAS SOCIAIS APLICADAS::DIREITO

This dissertation was developed in the Academic Master's degree in Law, at the Federal University of Sergipe, within the scope of research line 1 – Process of Constitutionalization of Rights and Citizenship: theoretical and methodological aspects. The main purpose of this research is the analysis of the legitimation of the Brazilian constitutional jurisdiction exercised by the Federal Supreme Court in the realization of fundamental rights, seeking to face the great tension between the Judiciary - which exercises constitutional jurisdiction in Brazil and the Powers Elected by popular vote, Legislative and Executive. The general objective of this research is to analyze the existing problem between the role of constitutional jurisdiction in Brazil and its counter-majority character in defense of fundamental rights, often having to address decisions of an unpopular nature, in view of the unconstitutional omission of the other Powers of the republic, in particular, the Legislative Power. The specific objectives of the research will be to analyze whether, within a scenario of institutional interest, the existing tension between the Judiciary Power and the other Powers legitimizes decision-making in favor of exercising an active role in the constitutional jurisdiction, considering that this is an important way in the implementation of substantive values foreseen in the Federal Constitution of 1988, as well as the search for the compression of the phenomenon of judicial activism in the service of the Federal Supreme Court as a way of resolving conflicts and tensions between the other Powers. It seeks, therefore, to investigate the changes brought about in today's society by the decisions of the Supreme Court in the context of constitutionality control and actions that provoke the formation of binding precedent with the other organs of the Judiciary, assessing the impacts of these decisions in the scenario of discussion and dialogue between the institutions, also having the purpose of considering possible alternatives to propose possible legislative solutions regarding the legitimacy of the legitimate actors to act with the constitutional jurisdiction, such as, for example, the legitimate active ones to propose ADPF. As a problem, we propose the investigation of the unbridled use of judicial decisions through constitutional jurisdiction through the indiscriminate proliferation of principles to legitimize the implementation of fundamental rights present in the constitutional text.