A DEMOCRACIA CONSTITUCIONAL CONTEMPORÂNEA: ESTUDOS PRELIMINARES SOBRE A PROCEDURALIZAÇÃO

Abstract

This article intends to present the procedural system as a coordination mechanism of State action, which fits within the separation of powers, and it is a response to the paradoxical cases arising from post-modern society. In this way, the limits of constitutional law resulting from post-modern complexity will be presented, along with the problem of paradoxical cases, which are not those called "hard cases", and the paradigm of proceduralization as a measure of contemporary constitutional democracy. In addition, the stages and aspects of social structural construction that have built post-modern society will be presented, and that have raised the social problems of litigious cases, whose Judiciary has full capacity to decide them, to undecidable cases, especially with the process of extinction of metanarratives and the transition from the society of organizations to the society of platforms.