The democratic rule of law is a fundamental principle of modern democracies, which aims to ensure that the law is applied equally to all citizens, regardless of their social status or political affiliation, it aims to ensure that the law is applied equally to all citizens . Brazil has made significant progress in defending the democratic rule of law since the end of the military dictatorship in 1985, but the country still faces significant challenges in defending this principle. The role of an independent judicial system is crucial to upholding the democratic rule of law, but the judicial system itself is not immune to political polarization and corruption. The constitutionalization of the law and new ways of interpreting the constitution facilitated the emergence of judicial activism. Judges have the power to interpret the constitution and strike down laws that are considered unconstitutional. The interpretation of the Constitution is a crucial aspect of any democratic society, and Brazil is no exception.The Brazilian constitution, adopted in 1988, has been the subject of different interpretations over the years, with different schools of thought emerging on how it should be interpreted to guarantee the Democratic Rule of Law. The principle of separation of powers is a fundamental concept in democratic governance. It is a system of checks and balances that divides the powers of government into three distinct branches: legislative, executive and judicial. Thus, the study aims to examine the intersection between democracy, the Democratic Rule of Law and the effectiveness of the 1988 Constitution.