Controle de Constitucionalidade e a Proteção dos Direitos Fundamentais: Análise das decisões do STF

Abstract

The control of constitutionality is an essential mechanism to guarantee the supremacy of the Constitution and the protection of fundamental rights in the Democratic State of Law. This article analyzes the role of the Federal Supreme Court (STF) in the control of constitutionality, focusing on decisions rendered in Direct Actions of Unconstitutionality (ADI), Declaratory Actions of Constitutionality (ADC), Allegations of Non-Compliance with a Fundamental Precept (ADPF) and in diffuse control, especially with regard to the transcendence of determining motives and the abstraction of diffuse control. The research seeks to understand how these decisions contribute to the realization of fundamental rights in Brazil, highlighting the importance of the STF as guardian of the Constitution and its ability to adapt the legal system to contemporary social demands. The methodology adopted consists of a qualitative analysis of representative cases, based on the review of STF decisions and specialized literature. The results demonstrate that the STF has played a very important role in the protection of fundamental rights, especially in contexts of vulnerability and inequality, as well as in the recognition of the territorial rights of quilombola communities and in the defense of the rights of women and children in the workplace. In addition, the abstraction of diffuse control has amplified the effects of decisions, promoting greater uniformity and legal certainty