Supremacia judicial no constitucionalismo brasileiro: riscos à democracia e as alternativas das teorias dos diálogos constitucionais

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Abstract

The Brazilian constitutional experience after the 1988 Constitution moved towards the adoption of a model of judicial supremacy, in which the Judiciary, especially the Federal Supreme Court, has the prerogative to give the last word on the attribution of meaning to constitutional norms. The research carried out aims to point out the risks and threats to democracy presented by this system, as well as to present the existence of alternatives to this model from the theories of constitutional dialogues, demonstrating the possibility of incorporating mechanisms of= dialogue between the various political and social actors involved in the task of interpreting the Constitution as a way of granting greater democratic legitimacy to this process.

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Hachem, D. W., & Pethechust, E. (2020). Supremacia judicial no constitucionalismo brasileiro: riscos à democracia e as alternativas das teorias dos diálogos constitucionais. Revista Brasileira de Estudos Politicos, 121, 203–250. https://doi.org/10.9732/2020.v121.829

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