A influência do direito comparado e do novo pensamento contemporâneo na formatação do controle difuso de constitucionalidade no poder judiciário brasileiro como forma de implementação dos direitos humanos

Abstract

This study aims to critically analyze the role of judicial review of constitutionality as an effective instrument for the realization of fundamental guarantees enshrined in contemporary constitutions, with a specific focus on the expansion and strengthening of diffuse constitutional review mechanisms. Methodologically, a qualitative approach was adopted, based on bibliographical and documentary research, including a systematic review of specialized legal literature, analysis of the case law of the Brazilian Federal Supreme Court, and a comparative study with relevant foreign constitutional models. The findings demonstrate that judicial review of constitutionality, when carried out with institutional independence and guided by clear axiological criteria for the protection of human rights, plays a decisive role not only in the formal oversight of normative validity but, above all, in the promotion of a more just and inclusive social order. As its main conclusion, the study proposes a technical product consisting of a practical guide for judges, containing objective guidelines for the responsible and ethical exercise of constitutional review, with particular emphasis on procedures of normative integration and interpretation in conformity with international human rights treaties.