A codificação do processo constitucional brasileiro e a concretização dos direitos fundamentais

Abstract

The systematization of knowledge is the basis for the construction and improvement of life in society. This practice is applied in all areas of knowledge, and is not different in the case of Law. Based on the systematization of the constitutional process carried out by Soraya Lunardi, we defend the idea of the codification of the Constitutional Process in Brazil, the objective of this research. In this sequence, it is considered that the codification event of the constitutional process presents greater advantages than disadvantages, pointing the codification process as concretization of the right to the process and procedure, and consequently due constitutional process. Once the possibility of codification has been proved, the two Constitutional Process Codes existing in Latin America, Peru and Bolivia will be developed in order to promote improvements in the Draft Code of Constitutional Process already proposed in the country. Finally, it is promoted the updating of the proposal through the delimitation of the rites that belong to the constitutional process, and its differentiation of the collective process. At the end, a proposal for the draft of the Brazilian Constitutional Process Code is proposed, with the corresponding changes, highlighting the points where it is necessary to fill gaps with new legislation. The study was carried out with bibliographical and direct data collection, adopting the critical methodological method, juridical-sociological and deductive methodology. In conclusive terms, the need to codify the Constitutional Process in Brazil is highlighted, in order to optimize the Brazilian constitutional process, guaranteeing the supremacy of the constitution and the safeguarding of fundamental rights.