REGARDING THE LEGITIMACY OF JUDICIAL SUPREMACY IN EXERCISING CONSTITUTIONAL REVIEW (DEFENSE AND CRITICISMS)
Fabiano
Cândido de Oliveira
Bachelor's degree in Legal and Social Sciences (Law
– Presidente Antônio Carlos University – Aimorés Campus - MG). Email:
fco1974mg@gmail.com
Sérgio Rodrigues de Souza
Bachelor's degree in Political Science (UNINTER).
Undergraduate student in International Relations – MULTIVIX. Post-Doctorate in
Psychology. Email: srgrodriguesdesouza@gmail.com
ABSTRACT
This essay addresses the issue of the legitimacy of judicial supremacy
in the exercise of constitutionality control, presenting a defense and also
some criticisms. Its scientific relevance lies in the fact that it brings to
the field of investigative debate an issue that remains pending and that does
not clarify the real function of the Supreme Court with regard to the
constitutional principle within a democratic regime. Its social relevance is of
the highest and absolute interest, because it makes it possible to clarify to
the general public the role and scope of action of the Supreme Court justices
in relation to the protection of the law and the Constitution. This is a
bibliographical essay, based on analytical thinking originating from political
science and social psychology. The discussion about this judicial legitimacy in
the control of constitutionality is, per se, a sociological aberration, because
no power is granted the exercise of control by the Magna Carta, an expression
that can be interpreted as manipulation of the law according to private
intentions to the detriment of the public interest. The conclusions reached are
that the constitution of a country and its entire retina of laws and legal and
moral norms are within the scope of the letter of the law, and should be
transparent, objective, direct, and do away with intermediaries who seek to
give it the meaning that best suits them. The mere fact that someone files a
lawsuit with the Supreme Court seeking an interpretation of the constitutional
legal text should already be considered a crime against the Constitution, and
the judges should already deny the request without any right to assess the
merits of the representation itself.
Keywords: Federal Constitution. Exercise of constitutionality control. Democratic regime.
Reviewed by Current Scientific Journal
on
janeiro 23, 2026
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