Jurisdição constitucional abusiva e seus reflexos na democracia brasileira contemporânea

Abstract

The present research aims to discuss the actions of the Federal Supreme Court and its use of constitutional mechanisms that potentially weaken the democratic order. To this end, it is necessary to establish the theoretical bases of constitutionalism, addressing the limitation of state power, constitutionality control, and constitutional jurisdiction, as well as the separation of powers and the legitimacy of the Judiciary. Furthermore, the concept of “Abusive Constitutionalism” developed by David Landau, is explored, relating it to the actions of the STF, evaluating whether or not there is a practice of abusive constitutionalism within the Brazilian constitutional jurisdiction. For this objective, vast bibliographical research was carried out on the subject. It is concluded that, in some cases, the Brazilian Constitutional Court used constitutional mechanisms to practice abusive constitutionalism and undermine liberal democracy.