SOBRE A LEGITIMIDADE DEMOCRÁTICA DA INTERVENÇÃO JUDICIAL NO PROCESSO LEGISLATIVO: UMA CRÍTICA AO CONTROLE PREVENTIVO DE CONSTITUCIONALIDADE PELO STF

Abstract

This article aims to discuss the democratic legitimacy of the preventive judicial review of the legislative process, as practiced by the jurisprudence of the Supreme Court in Brazil. We initially present the debate between Ronald Dworkin and Jeremy Waldron to illustrate some of the problems regarding the legitimacy of judicial review. Then we analyze the construction of the preventive judicial control of constitutionality in Brazil by the Federal Supreme Court, highlighting recent cases in which the Court, monocratically, interfered in the legislative process by disagreement with the content of parliamentary deliberations. Finally, we criticize the legitimacy of judicial intervention in the legislative process.