Autonomia processual da justiça constitucional: limites e possibilidades da atividade legislativa dos tribunais constitucionais

Abstract

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 fundamental rights, end up requiring a greater processual freedom. Thus, the objective was to affirm the possibilities inherent in the very legislative activity of constitutional justice set up on self-creative principles and processual rules, together with material norms which present themselves as separable or immanent parts of the former, without failing in imposing formal and material limits to it. 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