Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights created by the current Constitution are effectively protected by the judiciary. This Article explores the complexities of these constitutional procedures, how they have worked or not worked in practice, and the problems that they have created for the Brazilian Judiciary.
Keith S. Rosenn, Procedural Protection of Constitutional Rights in Brazil, 59 Am. J. Comp. L. 1009 (2011).