A LIGHT FOR THE DAYS TO COME: THE “MARIJUANA MARCH” AND THE GROUNDS FOR THE JUDICIAL DEFENSE OF DEMOCRACY

Abstract

Constitutional Jurisdiction is justified under a liberal democracy. Its activity is legitimated in the maintenance of political and social balance and in the preservation of minorities, applying and preserving fundamental rights. The Federal Constitution established for Brazil a liberal democracy with countermajoritarian defenses, so it is the duty of the Federal Supreme Court to preserve this political regime. So, it is important to emphasize its role and identify how the court behaves in this regard. This article discusses the role of constitutional jurisdiction in liberal democracy and questions the position of the Federal Supreme Court. For that, it develops the concept and characteristics of liberal democracy and analyzes the Supreme Court decision in the ADPF n. 187, with an exploratory purpose to comprehend the court’s understanding of its role in democracy. And it concludes, as an at least provisional hypothesis, that the vote of the Minister Celso de Mello in this constitutional action delineates the features of the liberal democracy and should be used in other decisions of the Brazilian constitutional court