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Os paradigmas da interpretação do direito na modernidade

01 Jan 2001-Vol. 6, Iss: 1

AboutThe article was published on 2001-01-01 and is currently open access. It has received 1 citation(s) till now. more

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13 Jun 2020
Abstract: The paradigm of the Rule of Law, with the purpose of realizing the rights provided for in the Constitution, entrusted to the Judiciary Power the honorable mission to give effect to constitutional rights. In this way, the leadership of this Power, the STF, has become one of the protagonists in the political stage of Brazil, which has raised doctrinal discussions and the public sphere about its legitimacy in acting proactively. Analyze, through historical reconstructions as to the origins of the principle of Separation of Powers and of the Democratic State of Law enshrined in the 1988 Brazilian Constitution, the risk that the juxtaposition of one of the Powers over the others represents for (re)conquered national democracy.