Jurisdiction and Procedure: The most needed improvement from playing a major role and from the judicial activism to the construction of the democratic procedure

Abstract

The strengthening of constitutional jurisdiction, in Brazil, could be attributed to the paradigm change provided by the Federal Constitution of 1988. Considering that every jurisdictional act can be considered as constitutional jurisdiction and that the case should serve to provide jurisdictional tutelage, it needs to match the current phase of the Brazilian constitutionalism. However, in order to achieve this goal, the solipsist behavior, which mainly finds shelter in the judicial activism and protagonism of the civil procedure, must be considered an obstacle to overcome. It is responsible for increasing the judges’ decision power that, in many cases, decide “according to their conscience,” lessening the importance of elements that both parties might bring to the production of legal decisions. Furthermore, the consistency and integrity of the Law should serve as guides to all judgments. Essentially, in order to avoid a disruption with the constitutional traditionand decisions are not going to be present as corollaries of the judicial activism and protagonism.