A metÃdica estruturante no controle das omissÃes legislativas inconstitucionais pelo Mandado de InjunÃÃo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The Friedrich MÃllerâs judicial norms construct method was concepted in a context where taked place several critical ideas about tradicional judiciary hermeneutics. His method respects the racionality required by law state ideologies, and donât defends an unlimited subjectivism in the law interpretation process. His theorie keeps this process necessary vinculated on a already valid legal issue, but defends the influence of a several others differents material elements on the way of its normative sense comprehension. By his ideas, the judicial decision construction process follows an estructure witch first step is capturing the legal text normative scope, representing basically its gramatical sense. As second step, takes place the conflicted case circumstances comprehension. After these steps the judicial decision is able to solve the case problem. Applicating this method in unconstitucional legislative omission problems, created by limited effective constitucional norms no regulation, it shall be possible to control de isolated unconstitucional situacion, just in case of a judiciary instrument existence able to reach this objective. The idea is to take MÃllerâs Theorie for constructing a decision to eliminate de unconstitucional problem using Injunction Writ. Through this constitucional writ, the diverse norm construct elements would made up a judicial decision, keeping constitucion normative strength and preserving its supremacy

ASSUNTO(S)

legislative omission injunction writ omissÃo legislativa metÃdica estruturante direito mandado de injunÃÃo construct method

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