Dialogic Judicial Review and Deliberative Democracy: Paths for the Legitimacy of Judicial Review and Dignifying the Legislative Branch (Controle de Constitucionalidade Dialógico e a Democracia Deliberativa: Caminhos para a Legitimação da Fiscalização Judicial de Constitucionalidade e Dignificação do Poder Legislativo) (Portuguese)

Abstract

The activism of the Constitutional Courts added to the inertia of the legislatures are the contemporary problems of the Democratic regime. The processes and decisions of the Constitutional Courts are not subject to popular control, but of people and organizations close to the nucleus of the Judiciary. In this sense, the people don’t participate directly in the Supreme Court’s decisions. The influential minority in number, weakened by loss of the legislative area for most popular, elected judiciary as a suitable and fast to win and / or maintenance of political hegemony lost or threatened by the voice of the polls. The will of the people and their legislative representatives were replaced by the Judiciary branch. It is intended in this article address the issue of expanding the powers of the Constitutional Courts and suggest the establishment of judicial dialogue, set in the context of deliberative democracy, legitimacy and possibility of judicial review of constitutionality, while the dignity of the power of popular representation.