Democracia participativa no controle de constitucionalidade concentrado: uma comparação entre as cortes constitucionais brasileira e colombiana

Abstract

Participatory democracy in the control of constitutionality is one of the main means to achieve social transformation, truly effecting the Constitution. Brazil and Colombia, as young and geographically close democracies, have historical and cultural similarities as well as possible problems in common. The purpose of this paper is based on the analysis of how society and the Constitutional Courts deal with these difficulties in the control of constitutionality and the benefit that this diagnosis can bring to both. The institutional design and forms of action of the Constitutional Courts are related to the way participatory democracy is exercised, and an explanation of this relationship is necessary. To this end, bibliographical research was conducted to analyze the history of constitutionality control in both democracies, illustrating its evolution, the description of participatory democracy in the countries analyzed and the composition of its Courts. Finally, the paper recognizes the need for institute reformulation and greater direct citizen participation for a founded democracy.