The Expansion of Constitutional Jurisdiction through diffuse means: A study of the experiences of Spain and Italy Marcus Firmino Santiago, Renata de Assis Calsing, Júlio Edstron S. Santos

Abstract

Brazil is experiencing a process of progressive emptying of constitutional jurisdiction exercised in a diffuse way, which is losing space in favor of the concentrated, European-based model, always referred to as the example to be followed, exalting the role of the Constitutional Courts and their exclusive role in controlling of constitutionality. There is, however, a mistake in this journey, which is evident from the analysis of the reality present in several European countries, whose constitutional justice systems are increasingly open to incorporating typical elements of the diffuse model, with a North American orientation, showing a concern in adapting jurisdiction to the constitutional design dominant since the post-Second World War. The study of the Italian and Spanish experiences illustrates the path taken on that continent and should serve as a reference for rethinking the process of abandoning the diffuse system in Brazil.