PROCESSO DECISÓRIO E DIMENSÃO HERMENÊUTICA NO CONTROLE JURISDICIONAL DE CONSTITUCIONALIDADE
Abstract
The study aimed to analyze hermeneutic constructions present in judicial decision-making processes involving constitutional review. For context, the emergence of the modern state, created to organize social life and ensure security, was addressed. The development of this state structure based on popular sovereignty and the distribution of power according to the theory of tripartite division, a process that historically culminated in neo-constitutionalism, marked by the centrality of fundamental rights, was also discussed. From this perspective, several decision-making techniques applied in judicial review of constitutionality were investigated. Methodologically, this is an exploratory, qualitative study, developed using bibliographical data from legislation, books, and scientific articles. The objective was achieved by identifying jurisprudential constructions that enable the adequate resolution of specific cases requiring judicial review of constitutionality, in addition to demonstrating that constant social transformations drive the creation of new decision-making techniques.









