Abstract
This research aims to carry out a comparative study, through meso-comparison, of the declaration of constitutionality between the judicial systems of Brazil and Italy, seeking out on bodies of constitutional jurisdiction, judicial demands of a constitutional nature, constitutional decision-making typology, effects of the decision given in the exercise of constitutional jurisdiction. Considering that education is a fundamental social right, with a collective dimension and public character, the most propitious and fertile ground for discussing and comparing constitutional jurisdictions and their pillars is the academic environment, the cradle of knowledge, at the service of science and the study of axiological principles and precepts aimed at implementing constitutional guarantees and respect for fundamental rights. Through the analysis of the historical context in which the political option for such adoption was made in Brazil, a critical judgment is formulated between the judicial system of declaring unconstitutionality adopted by Italy and Brazil. This comparison concerns the main characteristics of the exercise of Italian and Brazilian constitutional jurisdictions, their bodies of constitutional jurisdiction, judicial demands of a constitutional nature and the constitutional decision-making typology. Finally, we seek to encourage reflection on the main advantages and disadvantages of the models of constitutional jurisdiction adopted in Brazil and Italy, paying attention to the principles of optimizing the legal system, without ignoring the application of constitutional rights and guarantees.