Arguição de descumprimento de preceito fundamental e acesso à justiça: direito do cidadão.

Abstract

The present scientific work aims to analyse the possibility of a democratic opening of the Constitutional Jurisdiction concentrated from the inclusion of the citizen as an active legitimate, by the Supreme Court, in handling of Action of Allegation of Breach of Fundamental Precept. The referred scope was persecuted under the historical, comparative and interpretive methods, followed by a dialectical and deductive approach about the subject. The ADPF was contemplated by the Constitution of 1988 with specific protective purpose, does not providing in its wake an exhaustive list about the active legitimation. It was left to Law No. 9.882/99 define its contours, printing in this action a citizen character by extending the right of nomination, in the concentrated control of constitutionality, to any individual. This attempt, though aborted by presidential veto, is aligned to the Theory of Participatory Democracy, which currently defines the content of the Democratic Principle, and the Discourse Theory of Law, which grants citizens the condition of co-author of standards and public policies. Given the assumption of full access to the Judiciary and the formation of an open society of interpreters of the Constitution is possible to guarantee the citizen the right to postulation by the Supreme Court on constitutional issues that meet the requirement of general repercussion.