Jurisdição constitucional e legitimidade (algumas observações sobre o Brasil)

Abstract

CONSTITUCIONAL justice comprises two conditions: one with a judicial-formal character (theoretical), the other of political-substantial character (pragmatic). The preservation of constitutionality, being a premise of democracy, becomes ever more relevant, and gives rise to the need of establishing a neutral and impartial court to mediate constitutional conflicts. Legitimacy in constitutional issues is altogether more political than judicial. In Brazil, the Executive Branch increasingly seeks to preserve constitutionality in the interests of the governing group, rather than for the sake of constitutional order. This leads to the so-called Provisional Executive Orders, which frequently go against constitutional principles of the system's essence. Grave cautionary warnings regarding the independence and legitimacy of the country's constitutional justice revolve around two crucial issues: those made by the President and the need to spin off from the Judiciary Branch the court of justice that acts as guardian of the Constitution. Largely, the crisis in the Brazilian Judiciary has been a crisis of the Federal Supreme Court.