Power asymmetry in the democratic transition and the design of Brazilian judicial review Assimetria de poder na transição democrática e o desenho da jurisdição constitucional brasileira
Tipo
Artigo
Data de publicação
2020
Periódico
Law of Justice Journal
Citações (Scopus)
1
Autores
Lorencini B.C.
Orientador
Título da Revista
ISSN da Revista
Título de Volume
Membros da banca
Programa
Resumo
© 2020, University of Passo Fundo. All rights reserved.This article discusses the causality between the power asymmetry verified in the 1988’s constituent and the design of the Brazilian judicial review. The article begins with the debate about political transition process and the explanatory hypotheses for the relationship between democratization and constitutionalism. Then, analyses the constitutional jurisdiction as a central institution of the Democratic Constitutional State, considering the factors of tension and conciliation between democracy and constitution. It concludes with the defense of the thesis that the 1988 National Constituent Assembly was characterized by low power asymmetry, which resulted in the decisive expansion of judicial review and its establishment as a normative pillar of Brazilian democracy.