Constitutional Hermeneutics: The role of the Judicial Power in the concretization of fundamental rights

Giselle Feliz Santiago, Olavo Bilac Quaresma de Oliveira Filho

Judicial Activism, Fundamental rights, Hermeneutics, Judicial power, Concretization

Within the limits of this production, we will focus on working on a specific theme, namely, the role of the Federal Court of Justice (STF) in fulfilling the defense of fundamental constitutional principles and in the consolidation of legal certainty. To do so, we will open a theoretical discussion framework about the evolution of ideas that guide and interfere in the performance of rights operators, in a way that results in a process of realization of fundamental rights and guarantees indicated in the constitutional text. In this sense, we defend the thesis that, within certain limits, the role of the Judiciary is essential to ensure the Democratic State of Law.

Received: 04 Jun 2022, Received in revised form: 29 Jun 2022, Accepted: 04 July 2022, Available online: 10 July 2022

10.22161/ijaers.97.3