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In a State ruled by democracy and the search for the effectiveness of fundamental rights, constitutional jurisdiction arises as an institution guaranteeing the effectiveness of the Constitution. However, when analyzing the constitutional adjudicative power placing it at the level of tensions between the powers and the democratic exercise of popular participation, it is possible that its function worsens face issues arising out of its political and democratic aspects of legitimacy, and order limit. This article looks at three issues of constitutional jurisdiction, namely, its democratic degree, its legitimacy and the limits of its exercise, from its usefulness as a corollary of the current state structure. To this end, the paradigm of the Democratic Constitutional State of Rights was used, based on the principle of legitimacy, as well as the approach points and spacing between law and politics in a constitutional perspective. It concluded the necessity of dialogue between the study of constitutional jurisdiction and its usefulness in the Democratic State of Rights.

A Legitmidade da Jurisdição Constitucional a Partir de Sua Utilidade no Estado Democrático de Direito: Três Questões Fundamentais