The theory of democratic constitutionalism to the legitimation of the dialogical flow in Brazil

Abstract

The theory of democratic constitutionalism idealized by American doctrine claims that the powers that form the State should promote, among themselves, movements and reciprocal interactions capable of fostering a healthy dialogical flow for the development of democracy and constitutionalism, improving constitutional jurisdiction. Conformed to a democratic rule of law, Brazil has characteristics that fully conform to this scenario of necessary search for the improvement of the branches of power. Thus, based on hypothetical-deductive methodology and bibliographic research, the work discussed, at first, the theory of democratic constitutionalism and its most correct position in relation to dichotomous and Manichaean views that advocate the “last word” of the interpretation of Constitution by the Legislative or Judiciary. Then, it was exemplified the institutional dialogue that took place between the powers based on the development of the discussion about the marriage and stable unions between same-sex couples and in bills on the subject. Finally, it was concluded that, specifically in relation to the application of the studied theory, the powers have been shown to be emancipatory and with adequate representativeness nowadays, promoting dialogues that comply with the rules of the democratic game.