A jurisdição e a participação popular: enfoque dialético da jurisdicidade no âmbito do estado democrático de direito

Abstract

This stud has the objective to show the dialectical relationship between jurisdiction and the popular participation when points out the individual's action importance in the jurisdictional enviromnent in a way to achieve judiciay's strength in Brazil, resulting on a bigger force and belief of judicial decisions through participative Democracy execution. As a political power inserted in a Constitutional order's context that takes effect on the developrnent of a Rule of law, created by the ruling Federal Constitution, we believe that Judiciary would be better integrated into the Parliamentary Sistem, for its bigger stability in a way that allows its main functions observation. It was pointed out that the constructive hermeneutics is being considered a great instrument with a real contributive value from the judges to the social-juridical and cultural development. It's shown the due process of law essential function, assuring equal procedure conditions, founded in the reciprocal contributions between the parties and the judge. It was noticed that in the constitutional jurisdictional field, popular participation is extremely limited, occurring the necessity of individual inclusion in the active legitimate casts that aim the constitutional concentrated control. In the electoral Justice action field, popular contributions are grounded special1y on the administrative aspect that includes the control system and the election normal time, while in the electoral jurisdiction there are few opportunities to the voters' cooperation, re ulting on persistent contradctions shown by the legislative production of periodical conveniences. The conclusion was that in the jurisdictional teleological aspects remain the human nature instruments that feasible Justice supreme fulfilIment.