The present work argues the militant democracy exploring its foundations and reasons to be adopted. The coherence its used to justify the constitutional alternative in a fragmented society. The enemies of democracy will be present as real constitutional adversaries witch are causing constitutional rot and democracy´s crises. Those causes will be explained and then with the coherence method will be given short and preliminary reasons to adopt militant democracy as constitutional defense in the all-or-nothing context.
This work tries to look into the processual autonomy of constitutional justice, following methodological techniques of Law Science. The hypothesis of this study is that the defense of Constitution and the differentiated position of constitutional courts as ultimate interpreters of Constitution also as arbiters of territorial and functional divisions of political power, besides being top institutions of processual protection of civil rights, end up requiring a greater processual freedom. The main result obtained with this research made it evident that the constitutional process can take, in some circumstances, ductile, flexible nature and, above all be open to constitutional courts needs. The conclusion of this thesis should be addressed to the concrete manifestations of processual autonomy of constitutional justice in the field of action of contemporary juridical systems.
The constitutions, in new democracies, especially in complex and asymmetric societies, sometimes, work from top-down, to keep some groups interests, with a lack of normative expectations. Therefore, when constitutions face problems of non-achievement in social reality, the charter could denote merely a non-normative conception, without any social identification. The lack of trust in the constitution, may lead to a structural reform from non-integrated groups that, otherwise, could drive to a backlash from the political structures, even through an authoritarian regime. Thus, the constitution, does not should come just from formal procedural decisions, but rather, should be the outcome of a rational discourse, compatible with a pluralist society. Consequently, the goal of this paper is to support that the constitution must be connected with the community, to increases permanently the legitimacy and respect of the charter, in a continuous process of recognition and pluralism.
The brazilian Constitution of 1988 establishes citizenship as one of the pillars of the Federal Republic of Brazil. It is much more realistic to talk about multiple citizenships, because in Brazil the rule is a citizenship of absences, a fragmented citizenship.
In 2004 the 45th Constitution Armendment, the so called Judiciary Reform of 2004, has established as mandatory for Federal, State and Labor Courts, that an Itinerant Justice should be created. The idea was to fortify the multiple fragile brazilian citizenships. The State Court of Rio de Janeiro has created a Mobile Justice which specialized in providing birth certificates for people that never had them, lost them or need them to be corrected.
This presentation will try to reveal how judges can make a difference in a country where social differences are so intense that some brazilians are not even considered citizens of any kind.