A inconstitucionalidade por omissão e o mandado de injunção na Constituição de 1988

AUTOR(ES)
DATA DE PUBLICAÇÃO

2000

RESUMO

The unconstitutionality by omission, its the unconstitutionality that results of the Public Power, this occurs when the Public Power by its inactitivity obstructs, the unconstitutional rule attains complete efficience. To strive against the unconstitutional omission, the Federal Constitution of 1988, introduced two very important inovations of natural procceeding in the brasilian juridical ordain: the Direct Action of Constitutionality by Omission, due on the (2th) second paragraph of article 103; the Aaction of Injunction Order, invested of the incise LXXI of (5th) fifth article. Comparing the Injunction Order with the Direct Action of Constitutionality by Omission, we can see that even that one has a less obttain, it presents a potencial of superior efficience to this. Unfortunately the Supreme Tribunal Federal, responsable organ by the guard of the Constitution assumes position which assimilates the two instruments, making useless in practice the new defense constitutional instrument of rights subjectives

ASSUNTO(S)

judiciário direito

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