CONSTITUTIONAL PROCESS: THE PROCESS AS A DUE PLACE TO THE EXERCISE OF DEMOCRACY/PROCESSO CONSTITUCIONAL: O PROCESSO COMO LOCUS DEVIDO PARA O EXERCICIO DA DEMOCRACIA

In 1984, Jose Alfredo de Oliveira Baracho published in Brazil, the work entitled Constitutional Process, by which pioneered presented the connecting factors between Constitution and Process, leading to a radical change in perspective from which one sees the Procedural Law and its importance for the construction of a democratic state. More than thirty years later, intense has been the legal research from the theory of the constitutional process not only in traditional fields of Procedural Law, as well as in branches of public law and constitutional law, administrative law and electoral law. Nevertheless, still perceive certain misconceptions and misunderstandings both in relation to the structural elements of the constitutional process as well as its importance to the law. Thus, the present study aims to the resumption of the structural elements of the constitutional process in order to try to remove any remaining misconceptions as to the scope and the depth of this important procedural theory.