Unconstitutional State of Affairs in Brazil

The Brazilian Supreme Court has adopted the theory Unconstitutional State of Affairs by influence of Colombian judicial review. Due to failure of public policies against widespread and systemic violation of fundamental rights, the Supreme Court acts as an institutional coordinator, helping state organs overcome political and structural barriers and increase dialogue with the civil society. In the judicial activism, the Supreme Court becomes a key player to coordinate Legislative and Executive branches of government to promote an institutional development. This constitutional adjudication technique guarantees a minimum mandatory level of protection of human rights. This structural injunction model bring up a passionate debate about crisis of democratic legitimacy, judicial intervention and effectiveness of constitutional rights.