Dialogical procedure and democratic legitimacy: from deliberation to decision in Brazil

The research aims to assess whether there is any power with the prerogative of having the last word in relation to conflicts of a constitutional nature in the Brazilian legal system and, if so, what that would be. For this purpose, nuances such as "who", "what", "how" and "when" were evaluated, given the intention of detailing who should decide, what will be decided, how such decision will be made and when the process can be initiated or under what circumstances. Furthermore, the debate includes the study of the theory of the last word and dialogue, together with the analysis of the constitutional decision-making process and the Democratic Rule of Law. To this end, the deductive method was used, with a qualitative nature and bibliographical research. It was concluded that constitutional supremacy and democratic conflict must go through the discursive procedure with strong deliberation and active participation of institutions and the population through a dialogic procedure.