Juízes, moleiros e Constituição

Abstract

this article develops a critical perspective for judicial institutions. The problematic is to question whether the existence of judges adequately protects individual interests. The tested hypothesis considers that it is not feasible to equate direct and necessary the judicial existence the individual protection. To this end, it chooses the bibliographic review as a means to provide data to highlight some aspects of a normative order and of the institutional composition of the Brazilian Judiciary. Therefore, the concept of radical constitution is a necessary condition, but insufficient to understand the analyzed phenomena. The results obtained with the research suggest overcoming distrust in relation to social performance; however, there are difficulties in finding and operationalizing effective social participation. It is concluded that it is impossible to associate the existence of judges with the protection of fundamental rights and guarantees; again necessary but insufficient.