BREACH OF THE CONSTITUTIONAL COMMANDMENT TO THE
LEGISLATIVE POWER TO REGULATE FUNDAMENTAL RIGHTS AND
THEIR CONSEQUENCES FOR DEMOCRACY
FALTA INFORMAR
Throughout the Federal Constitution of 1988, an extensive list of
foreseen fundamental rights is observed. Some opted for directing their
regularization of those most appropriate to the legislator in a
constituted way. However, it should be noted that, even with this
commandment, the numbers are limited in their constitutional initiative
in the absence of regular justice. With this legislative search scenario,
which is not infrequently used as a strategy, the Judiciary has gained
prominence in the solution for these issues, justified by its main
function of the Magna Carta. This proactive judicial action raises
questions about how this action can reflect on the principle of
separation of Powers and the precepts of a Democratic State of Law.
This gap, this quality, places a virtue in the performance of the
constitutional and democratic Powers, followed by the avocation of the
front in the review of fundamental rights.