Jurisdição constitucional e audiências públicas: um instrumento em favor da democracia?

Abstract

This work aims to analyze the assumptions of public hearings in the jurisdictional context, making a connection between democracy and constitutionalism, as this is the foundation of constitutional jurisdiction surrounding the theme. Public hearings are provided by Brazilian law since 1999 (Lei 9.868/99 and 9.882/99), but only in 2007 became massively used as a legitimizing instrument. With this study, the objective is to verify people's participation in so-called "public decisions" as a prerequisite for a democratic and participatory civil society. Since the institute aims at the realization of democratic aspects with greater participation by providing an open society of constitutional interpreters, according to the constitutional theory of Peter Häberle, the author was used as a theoretical framework for the research. Deepening the thematic focus, the context of the judicial public hearings in the health area and the legitimacy of the Brazilian Supreme Court actuation are also analyzed, especially with particular regard to one case, the "Suspensão de Tutela Antecipada No. 175". As for the methodology, in addition to the case study, extensive bibliographical and documental (jurisprudence) research has been made, always taking for granted the Popper's critical rationalism.