Controle de constitucionalidade no Brasil: sua evolução histórica e seus impactos na moderna atuação do Supremo Tribunal Federal na efetivação de direitos fundamentais frente à morosidade legislativa, no século XX e XXI

Abstract

The present study primarily aims to outline the evolution of the concept of diffuse constitutional review in Brazil through a historical and legal analysis, seeking to present the foundations that consolidated such institutions and mechanisms for the defense of the Constitution itself, as well as their importance for the realization of fundamental rights guaranteed by the new constitutional order established in 1988. The role of the Federal Supreme Court (STF), particularly throughout the late 20th and early 21st centuries, serves as the guiding axis of this research, which is grounded in the historical contextualization of the Brazilian Constitutions, in order to analyze the constitutional frameworks established between 1824 and 1988. Subsequently, the study delves into the role and competencies of the STF as a “positive legislator,” discussing this theme from the perspective of the separation of powers and the need to ensure the effectiveness of the Constitution in the face of a frequently inert political-legislative scenario. Paradigmatic cases involving the judicialization of health, environmental protection, minority rights, and gender equality are addressed to illustrate the importance of constitutional review as an instrument of social transformation