Abstract
The study aims to investigate the potential of state attorneys as constitutional interpreters and as active actors in fundamental rights. From Constitution as center of law and the growing judicialization, this article debates some critics, such as low efficiency compared to investments in courts, and the possible democratic deficit in judicial decisions. The work proposes to revisit Constitutional Jurisdiction and the need for its opening, rescuing state attorneys as constitutional interpreters, by a historical incursion and them inclusion as “Essential Function for Justice” in 1988’s Federal Constitution of Brazil. Revealing the relationship with the Government and their mission of defending state and society, presents the figure of state attorneys as possible constitutional interpreters in fundamental rights, through the hermeneutically grounded and structurally autonomous exercise of the power that was constitutionally attributed.
Keywords:
constitutional jurisdiction; state attorneys; constitutional interpretation; fundamental rights; open society