Ofensa reflexa a Constituição: criticas e propostas de solução para a jurisprudencia autodefensiva do Supremo Tribunal Federal brasileiro.

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The present paper aims at systemize the study of the jurisprudential orientation called by integrant of the Supreme Federal Court of reflected or indirect offence to the Constitution analyzing its conformity with the Brazilian constitutional text of 05 of October of 1988. Leaving of the basic problem of the research consistent in the questioning if the application of the jurisprudencial orientation of the reflected offence to the Constitution of 1988 for Supreme is compatible with the effective constitutional order from 1988 Federal Court (STF) in the cases of carried through diffuse control by means of the Appeal to the Brazilian Supreme Court, the research if it develops presenting preliminarily the used methodology after it initiates the study on the abilities of the STF and its legal nature. It continues insiding in the quarrel on called defensive jurisprudence while joint of decisions in whose interpretation the members of the STF reduce the specter of incidence of basics constitutional ruleses of the Brazilian legal system analyzing its occurrence and over all its reasons. Finally in the central part of the study the quarrel if return exclusively for the reflected or indirect offence as detached form of defensive jurisprudence analyzing its sprouting in the intent control of constitutionality starting to happen in the diffuse control of constitutionality and from objective data on the capacity of the STF search to analyze the power to decide phenomenon of reasonable form also evaluating fundamental cases. It is concluded of critical form but with the presentation of proposals for attempt of solution or at least limitation of the problem.

ASSUNTO(S)

recurso extraordinário constitutional procedural law principles constitutional of the process poder judiciário unconstitutionality direito processual constitucional constitution direito judiciary power constitutionality control ofensa à constituição offence or indirect or reflected breaking offence to the constitution constituição controle de constitucionalidade offence or direct breaking ofensa ou violação direta inconstitucionalidade princípios constitucionais do processo ofensa ou violação indireta ou reflexa appeal to the brazilian supreme court

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