How statutes are made? Democracy, Interest Croups and Judicial Review of Legislation/Como se fazem as leis? Democracia, Grupos de Interesse e Controle de Constitucionalidade

Judicial review of legislation, according to considerable literature, is legitimate as a mechanism of protection and promotion of democracy. However, despite the crucial role of democracy on this debate, there are no substantial studies regarding the regularity of the democratic political process of law-making in Brazil and its relation with judicial review. This article offers a theoretical and practical analysis of how truly deliberative and healthy is the law-making process in Brazil, in such a way to suggest possibilities for the democratic standard as a parameter of legitimacy of the constitutional jurisdiction. Public choice theories are the theoretical framework adopted as a starting point. From a real life perspective, the article considers the Brazilian peculiarities and the understanding of the so called coalition presidentialism and its relations with interest groups. Finally, some possibilities will be outlined for the comprehension of the democratic argument within the Brazilian constitutional jurisdiction. I suggest that the proportionality test is indicated as a useful tool when facing serious distortions in the democratic process.