Group proposal

The aim of the research group is to investigate the profound changes that constitutional jurisdiction has undergone in Brazil and in comparative law. Due to the rise of constitutionalism in democratic societies in the 21st century, it is necessary to understand the role played by the Judiciary in the task of protecting the Constitution, especially in relation to the implementation of fundamental rights, as well as which deliberative designs are used in this process. To this end, the decision-making instruments used by constitutional jurisdiction distance themselves from the paradigm of the “negative legislator” formulated by Hans Kelsen, requiring constitutional theory to develop dogmatic models that, on the one hand, offer predictability and legal certainty through the establishment of precedents. judicial and, on the other hand, allow new forms of constitutional jurisdiction to act beyond the binomial declaration of constitutionality or unconstitutionality.