Jurisdição constitucional e cidadania: a atuação das organizações não - governamentais de direitos humanos no supremo tribunal federal.

Abstract

The Constitutional Jurisdiction or constitutional control of legislation is a special type of court action from the Government, developed from the notion of a democratic state. In Brazil, safeguarding the Constitution is the responsibility of the Judiciary, especially the Supreme Court, which, after the promulgation of the Constitution of the Federative Republic of Brazil in 1988 and the extension of constitutional guarantees, has been increasingly put in action to speak out regarding the content and the constitutional interpretation of human rights. Given this intense performance of the Brazilian Supreme Court, human rights non-governmental organizations have developed, along with the Supreme Court, the strategic litigation, bringing the discursive agenda of implementation of human rights into the judiciary. Thus, this study aims at diagnosing the implications that the participation of human rights non-governmental organizations, in the context of Brazilian constitutional process, generates regarding the jurisprudential construction of the content of fundamental human rights and their protection under democratic citizenship. In order to achieve such a scope, there have conducted studies on the cases which are present in the Direct Action of Unconstitutionality (referred to in Portuguese as ADI) no. 3.510/DF, in the Allegation of Disobedience of Fundamental Precept (referred to in Portuguese as ADPF) no. 54/DF, in ADI no. 4.277/DF and ADPF no. 132/DF, by means of dialectical and hermeneutical methods so as to analyze them. The focus is on the construction of the hermeneutic paradigm of open community of constitution interpreters in the Brazilian Constitutional Jurisdiction. This work examines how the participation of human rights non-governmental organizations in the Supreme Court takes place and, finally, the extent to which judicial action in these entities interferes with both counter-majoritarian interpretation and protection of fundamental rights. The results obtained in this research indicate the strengthening of participatory democracy post-1988 in Brazil; demonstrate the transition moment experienced by the constitutional hermeneutics and the technique of ruling in the country; whilst show a greater interface between the local legal system and the Public International Law of Human Rights.