An analysis of (neo) constitutionalism in brazilian post-modernity: justice, democracy and notes on judicial behavior
International Journal of Development Research
An analysis of (neo) constitutionalism in brazilian post-modernity: justice, democracy and notes on judicial behavior
Received 19th November, 2022; Received in revised form 29th November, 2022; Accepted 20th December, 2022; Published online 24th January, 2023
Copyright © 2023, Rafael Seixas Santos. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
The text seeks to investigate the dimensions of neoconstitutionalism in post-modernity, based on the role of judges, on the rite of judgment, which, in the end, can be seen as a political act. Thus, it deals with the analysis of the potential for interpersonal differences based on the choices made by judges, demonstrating that the exercise of constitutional jurisdiction has been carried out in the way of legal argumentation (by the Judiciary), revealing a minimal-orienting character, capable of expand or reduce conceptual horizons in the field of Law.