Supremacia judicial e diálogos institucionais na Ordem Constitucional Brasileira

Abstract

The purpose of this article is to present, critique and synthesize the nuances of theories of judicial supremacy and institutional dialogues regarding the interpretation of national constitutions, as well as to problematize its framework and foundations in the Brazilian constitutional order, especially in the 1988 Constitution, which completes 30 (thirty) years on October 05 (five). It was sought to answer the following question: which model represents greater guarantee and concretization of the more sovereign yearnings of the Brazilian citizenship expressed in the Constitution of 1988? The chosen methodology was the refined bibliographic research and exegetical and dialectical analysis of constitutional, legal and jurisprudential devices, however, related to the subject, dealing with themes at the most abstract level and in international doctrine, sometimes applying and thinking about concepts exposed to the Brazilian reality. In this endeavor, the objective is to demonstrate how the system of judicial supremacy in the constitutional hermeneutics of the mother country was inadvertently in force without any critical substance and how a dialogical system between the different institutions would represent greater and better respect for democracy and popular decisions and consensus.