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This paper has as its theme the relationship between constitutionalism and democracy, and also debate of political and legal theories within scope Brazilian constitutional jurisdiction when it presents itself as an environment for resolving controversies on moral issues that arise in a democratic society. It is questioned whether it would be up to Supreme Federal Court to carry out judicial review on anticipation of serving sentence without definitive proof of guilt (General Repercussion in Appeal in Extraordinary Appeal 964246/SP). The theoretical framework adopted is dignity legislation of Jeremy Waldron. Deductive reasoning will be used predominantly through bibliographic and jurisprudential research.

A ILEGIMIDADE DEMOCRÁTICA DAS DECISÕES DO SUPREMO TRIBUNAL FEDERAL, SOB O ENFOQUE DA TEORIA DE JEREMY WALDRON