O ACCESS TO JUSTICE, THROUGH A LEGITIMATE AND DEMOCRATIC CONSTITUTIONAL INTERPRETATION, FOR THE EFFECTIVE REALIZATION OF FUNDAMENTAL RIGHTS AND PERSONALITY

Abstract

The present work aims to analyze the appropriate constitutional interpretation to face demands involving complex conflicts of interest and the judicialization of politics (or life) brought to the Judiciary (mainly based on fundamental rights, personality rights, among others), in order to achieve effective access to justice. Therefore, the formation of the Democratic State of Law and the normative force of the principiological nucleus contained in the respective constitutional paradigm based on human dignity (as opposed to the Liberal State and the Social Rule of Law) are addressed, through the analysis of the support of that force normative, as well as what interpretation should be used, to then make access to justice feasible, meeting a democratic observance, as a way of guaranteeing rights.