Low Constitutionality as an Obstacle to Accessing Justice in Terrae Brasilis

Abstract

This paper brings an analysis about low Brazilian constitutionality and how this phenomenon has been the preponderant factor for the ineffectiveness of the Constitution and for noneffective establishment of Rechtsstaat (Democratic State of Law), pointing to mechanisms of access to justice, for example diffuse control, as assurance against low constitutionality. This paper analyzes the necessity of organ of control centered outside the tension between the powers and the constitutional substantiality, indispensable questions for overcoming paradigmatic crisis of and in the Law.