Novos paradigmas da legitimação democrática da jurisdição constitucional no Brasil

Abstract

It has been increasing the intervention of the courts of the State in social relations, with an unassailable tendency to legalization of public debate, the legalization of choices that democracy traditionally entrusted to the agencies composed of legislating state activi- ty. From the French Revolution to contemporary times, mainly from the contribution of the American experience, the authority of the courts has assumed increasingly amplitude evidence, with a substitution character of a portion of the territory of the majority manifes- tations, embodied by those who work in legitimate direct suffrage of the citizen, those who receive from the voter the empowerment to build the rule of law.