O controle judicial de constitucionalidade sob a ótica da democracia participativa: a potencialidade da razão cidadã na contenção da erosão democrática

Abstract

This paper seeks to understand how the judicial review can be resignified through a deliberative and participatory democratic theory - especially the one proposed by Cristina Lafont - in order to make this instrument more responsive to democracy, while equally capable of fostering the development of public reason and citizenry learning processes. This legal-philosophical research, through a deductive and qualitative approach, aimed to understand the potential of participatory democracy in contexts such as Brazil's to prevent attacks on democracy and democratic erosion from becoming more common and frequent. The study concludes that the expansion of participatory and deliberative mechanisms within the scope of judicial review can mitigate democratic erosion processes, reduce the political alienation of citizens, and strengthen institutional stability, thereby transforming an instrument traditionally viewed as counter-majoritarian into an element of democratic consolidation and the public validation of rights.