O COMPARTILHAMENTO DA GUARDA DA CONSTITUIÇÃO BRASILEIRA COMO PRESSUPOSTO DA ORDEM DEMOCRÁTICA

THE SHARING OF THE BRAZILIAN CONSTITUTION GUARD AS A PERGREGATION OF DEMOCRATIC ORDER

Abstract

The constitutional guard was the subject of clash between doctrinaires in the early twentieth century, but its foundations and endorsements of which authority or organ is the sole and exclusive responsible for protecting the democratic order still finds itself in the current constitutional debate. Constitutional protection is considered of high relevance and complexity in contemporary times in view of the prominent intrusion and lack of limitation of political and / or legal powers. From such analysis we extract many emblematic cases of the politicization of justice and judicialization of politics in Brazilian law. On the other hand, the appointment of only a single authority or body as custodian or constitutional protection makes the democratic system fragile. Thus, using a theoretical-legal methodology with deductive reasoning, through doctrinal and jurisprudential analysis will be observed important factors that directly influence the enhancement of the Brazilian Judiciary as the main constitutional protector, granting, however, as a solution, a guard shared between the powers of the State.