The 1988 constitution and the new dimension of Judicial Power

• Autor(a) principal: e Mendonça, Maria Lírida Calou de Araújo
• Data de Publicação: 2019
• Outros Autores: Bandiera, Cezar Luiz
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Diálogo
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/Dialogo/article/view/4823
• topic: Judicial power; tripartism powers; democratic state; brakes and counterweights; Poder judiciário; tripartição de poderes; Estado democrático de direito; freios e contrapesos

This paper aims to make a historical analysis of the emergence and development of the law of a democratic state, with emphasis on its structure, especially regarding the separation of powers. The judiciary's role will be addressed as a control tool of the typical activities of legislative and executive powers, its role as guarantor instrument of fundamental rights of citizens, achieved through access to justice. The methods adopted for the development of this work were, as to the means, bibliographic and, as to the purposes, descriptive and explanatory. In conclusion, the judiciary despite being the weakest link in the tripartite division of powers, because of, as a rule, be mere applicator laws for him not produced, plays an extremely important role in maintaining the balance of state action as real moderator in state action in order to balance their actions having as north the application of the law, especially the rights and bundled fundamental guarantees in the Constitution and human rights treaties.