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

Abstract

Participatory democracy and the control of constitutionality are means to achieve social transformation by 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 thesis of this paper is that the analysis of how society and the Constitutional Courts deal with these difficulties in the context of constitutionality control can bring applicable solutions in both realities. 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, research was conducted to analyze the history of constitutionality control in the two democracies, illustrating the evolution of the constitutional control institute, the description of participatory democracy in the countries analyzed and the diagnosis of their courts. Finally, the paper recognizes the need for reformulation in the institute process and greater direct citizen participation for a founded democracy.