Constituição e Deficit Procedimental na Garantia dos Direitos Fundamentais no Brasil: Análise a Partir da Proposta de José Joaquim Gomes Canotilho

Abstract

This article aims to discuss, firstly, and based on the theory of Jose Joaquim Gomes Canotilho if constitucional rights generate another constitucional right to procedure. The second step is to study which are the mechanisms statued in the Brazilian legislation that may be used to enforcement of Rights that are presented in the Constitution of the Fede- rative Republic of Brazil. Finally, although there is a growing realization of fundamental rights, there is a procedural deficit in Brazilian Law too. Against the government’s inef- fectiveness the society participation in the pursuit of realization of constitutional rights through the provision of legal protection is imperious.The method used for the research and reporting is inductive.