Institutional dialogue and democracy: the experience of Canada and South Africa to Brazil Diálogo institucional e democracia: das experiências do Canadá e da África do Sul para o Brasil

Andrea G.F.M.; Francisco J.C.; Gundim W.W.D.

Institutional dialogue and democracy: the experience of Canada and South Africa to Brazil Diálogo institucional e democracia: das experiências do Canadá e da África do Sul para o Brasil

Tipo

Artigo

Data de publicação

2021

Periódico

Sequencia

Citações (Scopus)

1

Autores

Andrea G.F.M.
Francisco J.C.
Gundim W.W.D.

Resumo

© 2021, Universidade Federal de Santa Catarina. All rights reserved.The present article has as background to present the theory of institutional dialogues as a pretended mechanism of improvement of the democratic formula, emphasizing the need to establish a dialogical relationship between the State powers, and as a specific goal expose the experiences of Canada and South Africa’s potentially useful for Brazil. Initially, it addresses and delimits the concept of institutional dialogue to demonstrate the possibility of a dialogical relationship between politics and law in the construction of the decision-making process and constitutional interpretation. In the following, he investigates his experience both in the Canadian institutional arrangement and in the recent and new positions of the Constitutional Court of South Africa. Finally, concludes that institutional dialogues are facilitators instruments for overcoming blocks because they can create a qualified dialogue between State powers and also with segments of society, putting cracks in separation of powers often generated by model centralized in the judge to decide cases about public policies.