Constitutional materialization, judicial activism and collective protection / A concretização constitucional, o ativismo judicial e a tutela coletiva




The present work aims at theoretically analysing the downfall of positivism and the emergence of neopositivism, philosophical current in which neoconstitucionalism is found. From the neoconstitucionalist ideals this work intends to show a new concept of constitution linked to the normative strength to demonstrate that the constitutional rules which express important values to the society need to materialize its normative strength. The constitutional materialization through collective actions is then mentioned. However, such materialization through collective actions ends up generating political judicialization and judicial activism, in other words it highlights the protagonism of the Judicial Power after the expansion of constitutional jurisdiction. At the same time, there are many reviews about the subject, basically showing that the protagonism of the Judicial Power is antidemocratic. And to fight such arguments it is offered a refashioned concept of democracy in the constitutional paradigm of the democratic state of right, deepening in the study of the theory of power separation and democratic legitimacy of constitutional jurisdiction. Furthermore, it evaluates the performance of the Judicial Power in the constitutional paradigms, establishing relation with the judicial formalism, judicial substancialism and judicial procedimentalism, respectively identified to the Liberal State, the Social State and the Democratic State of right. At last, this work has the purpose to demonstrate a new juridical hermeneutics able to legitimate the expansion of the constitutional jurisdiction (Judicial protagonism) conducted by collective actions in the search for constitutional materialization.


judicial activism poder judiciário e questões políticas normative strength of constitution participatory democracy direito democratic state of right expansion of constitutional jurisdiction theory of separation of power jurisdição neoconstitutionalism direito constitucional direito constitucional constitutional materialization

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