The jurisdictional action in the Democratic State of Law in front of the constitutional process

Abstract

The model of constitutional process determines compliance with a minimum set of characteristics that are able to provide a discursive space inserted in the democratic rule of law, aimed at building and law enforcement in this case. The performance of the judicial function in a democratic state of law is possible by due process. The constitutional guarantees of due process guarantees to the parties and regulates the exercise of judicial functions. The institute of due process must always be observed, because if it is not, it would run the risk of no case, but only procedure. Discursive process is a procedure that guarantees the construction of a participative decision. Through judicial proceedings conducted in contradiction is that the provision will have legitimacy. The right to effective logical-argumentative discourse between the parties should always be secured, guaranteeing thus dialogicity needed between the interlocutors and away from the judicial role.