Jurisdição constitucional e democracia: uma análise fenomenológica de manifestações decisórias em sede de controle difuso de constitucionalidade

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The present thesis aims to appreciate highly the principle disposed on the article 97 of the Brazilian Constitution by which the absolute majority number of plenary members (Full Bench) is requested in order to judge the questions related to the control of the constitutionality, as well as the necessity of the maintenance of the diffused control of the constitutionality, to conclude that the constitutional jurisdiction is necessary and indispensable for supporting the democracy. This study takes into consideration the decisions referring to the diffused control of the constitutionality over laws and normative acts given by the Federal Regional Court of the 4th Circuit with jurisdiction over the states of Rio Grande do Sul, Santa Catarina and Paraná, and those pronounced by the Superior Court of Justice. It is possible to apprehend that the horizontality of the diffused control works as an indispensable element to maintain the balance among the Republic powers, permiting the provocation of the constitutional jurisdiction by each citizen. When a critical exegesis occurs the constitutional text is disclosed demanding the application of the principle disposed on the article 197 of the Brazilian Constitution above mentioned (Full Bench), even in case where it is not necessary to reject the text on exam, that is, when an interpretation is done according to the text or when it is declared partially unconstitutional without reduction of the text, because there is always an unconstitutionality declaration

ASSUNTO(S)

democracy reserva de plenário jurisdição constitucional controle difuso democracia direito constitutional jurisdiction diffused control full bench

ACESSO AO ARTIGO

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