JUDICIAL REVIEW, DEMOCRACY AND THE PROTECTION OF MINORITIES

THE COUNTER-MAJORITARIAN ROLE OF THE BRAZILIAN SUPREME COURT

Abstract

This study analyzes the democratic legitimacy of constitutional judicial review exercised by the Federal Supreme Court (STF) within the Brazilian Democratic Rule of Law, with emphasis on its counter-majoritarian role in protecting the fundamental rights of minorities.The study is based on the problem concerning the tension between the limits of judicial action and the majoritarian democratic principle,especially when the Judiciary acts in the face of persistent legislative omissions. The hypothetical-deductive method is employed, with a qualitative approach and a descriptive-analytical character, based on bibliographic,legislative, and jurisprudential research. From the analysis of landmark STF decisions, it is concluded that the Judiciary’s counter-majoritarian role, when guided by constitutional supremacy and the protection of human dignity, does not weaken democracy, but rather contributes to its effectiveness, especially in contexts of exclusion of minorities from the legislative decision-making process.