Por um código processual constitucional brasileiro como instrumento de efetivação dos direitos humanos

Abstract

In a truly symbiotic relationship, the same way the Constitution’s normative force contributed to the success of the constitutional procedural law, the latter contributes daily to the preservation of the former, by providing the procedural remedies for judicial review, and promotion of human and fundamental rights. In this context, this thesis explores the interconnection among the need for a Brazilian Constitutional Procedure Code, the delimitation of its essential content and its use as an instrument for the state duty human rights effectiveness in the domestic and international orders. To achieve its objectives, the thesis is divided into four chapters besides introduction and conclusion. The first chapter approaches the parameters of constitutional procedural law, constituted by its origin, concept, nature and principles. The second chapter discusses the need and utility of a Constitutional Procedure Code, followed by the third chapter that traces the desirable content of that Code. Finally, the fourth chapter follows the relations among the Constitutional Procedure Code and human rights effectiveness. Thus, the idea of putting the Constitutional Procedure in the service of human rights is not a false rhetoric, but its main source of legitimacy. The choice of codifying constitutional procedure law requires great responsibilities, expectations and social requirements which may provoke major frustrations and disillusions in society, if, perchance, such promises are untruthful or demagogic