A dignidade da legislação e a leitura moral da constituição: um debate acerca dos fundamentos do estado democrático de direito

Abstract

The political legitimacy of a decision has as a basis the choice of a decisiom procedure that respects the democratic principle. Brazil, as a constitutional democratic state, is stand in front of a challenge about the choice of a decision procedure and ists legitimacy, specially about the structure of the political parties system, through the ones the political representation is made. The two main theories of law philosophy about the choice of one legitimate decision process are the ones made by Ronald Dworkin and Jeremy Waldron. The Dworkin´s theory defends the Judicial Review of the legislative acts that doesn´t respect the individual moral rights and the minority rights, in what the author calls the constitutional conception of democracy. The Waldron´s theory defends the dignity of the legislation and that the legislative process is legitimate to choose the way to make concrete the constitutional values. Brazil is facing this debate between two ways of making Constitution concrete, and between the two pol