THE CONTITUTIONAL PROCESS AS A GUARANTEE OF FUNDAMENTAL RIGHTS IN DEMOCRATIC STATE LAW

This paper aims to examine the process, observed the constitutional theory, as a guarantee of fundamental rights in a democratic state. To do so, it will examine the concept of fundamental rights and guarantees, making the necessary distinction between these, as well as differentiating the fundamental rights of human rights. Later, there will be a brief assessment of the concept of a democratic state and its main features, theoretical framework of this study. Following will analyze the constitutional model of process and the rupture of the process general theory with the theory of legal relationship from Bulow and Liebman. For the last, to finish the study, the main issue will be addressed, namely, the constitutional process as guaranteed fundamental right in a democratic state, based on the issues previously discussed, aiming to get away from the notion that the judge is responsible for the promotion of social justice and therefore combating judicial activism. For the present study, we will use the literature search and the deductive method, starting with a macro to a micro analytic design on the subject now under study and, finally, as a technical procedure thematic analysis, theoretical and interpretive seeking suggestions for resolving the outstanding issue.