O Instituto do Amicus Curiae como direito fundamental

Abstract

This article aims to discuss the amicus curiae institute, fundamental rights and democracy. For that, it uses the deductive method that is based on bibliographic sources and the analysis of the current legislation, from normative and qualitative research. It understands that an open interpretation of the Constitution, with an emphasis on procedural legitimacy, depends on a dialogic mechanism between the constitutional court and society. It perceives that there is a link between citizen participation in the formation of law and the existence of a fundamental right of status activus processualis. It explains that the amicus curiae can be seen as a tool for the realization, in the judicial sphere, of the fundamental right to citizen participation. It concludes that the amicus curiae acts as an agent that materializes these rights, in addition to conferring democratic legitimacy to judicial decisions due to to promote the approximation between the Judiciary and society.