Fundamental rights and the evolution of concentrated judicial review in Brazil.

Resumen

Although traditionally have developed a diffuse model of judicial review, the evolution of the constitutional justice in the last fifty years in Brazil has been highlighted by a progressive expansion of instruments that attach directly to the Supreme Court to admit and decide the contradictions between the statutes and the Constitution. What started as a way to control the federal system even in the military regime in the 1960s, has gained a strong institutional dimension in the Brazilian constitutional model generally under the discourse that atribute to the concentration of the judicial review in the Supreme Court as a way to turn more effective the fundamental rights of citizens. From the data collected in the study, "A quem interessa o controle concentrado de constitucionalidade?" and a brief revision of the brazilian model of constitutional justice, even during the constituent process between 1986 and 1988, this article attempts to demonstrate several problems that have developed in the practice of judicial review from the effectiveness of fundamental rights perspective in Brazil. Although traditionally have developed a diffuse model of judicial review, the evolution of the constitutional justice in the last fifty years in Brazil has been highlighted by a progressive expansion of instruments that attach directly to the Supreme Court to admit and decide the contradictions between the statutes and the Constitution. What started as a way to control the federal system even in the military regime in the 1960s, has gained a strong institutional dimension in the Brazilian constitutional model generally under the discourse that atribute to the concentration of the judicial review in the Supreme Court as a way to turn more effective the fundamental rights of citizens. From the data collected in the study, "A quem interessa o controle concentrado de constitucionalidade?" and a brief revision of the brazilian model of constitutional justice, even during the constituent process between 1986 and 1988, this article attempts to demonstrate several problems that have developed in the practice of judicial review from the effectiveness of fundamental rights perspective in Brazil.