O modelo brasileiro de controle de constitucionalidade : considerações sobre o papel da argüição de descumprimento de preceito fundamental

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The Brazilian model of constitutionality control contemplations about the injunction of disrespect of fundamental rules. João Marcelo Rego Magalhães. Fortaleza Universidade de Fortaleza. Dissertation of Masters degree. 2007. 202 pages. This work constitutes academic dissertation, final requirement for conclusion of the course of Masters degree and to obtain the Masters degree in Law. The study it aims at to analyze the Brazilian model of constitutionality control and then to consider, through a rebuild in the Challenge of injunction of disrespect of fundamental rules, a way of direct access of the citizen to the Supreme Federal Court. The study if it develops for 7 (seven) chapters and 25 (twenty and five) topical ones. The initial chapter presents an indispensable historical differentiation and conceptual it enters the models of judicial control of constitutionality that had given origin to the Brazilian model of constitutionality control. Chapter two analyzes some Europeans Constitutional Courts, with emphasis in the influence that had exerted in the Brazilian constitutional jurisdiction. In chapter three are presents some creations of the Foreign law are presented that allow the individual access to the constitutional jurisdiction. Chapter four deals with the historical development of the control of the constitutionality through the Brazilian Constitutions. Chapter five presents the current period of training of our model, leading in accounts the excellent alterations brought for constitutional reforms. Chapter six locks up an analysis of definitive problems that affect the Brazilian model of constitutionality control. In the seventh and last chapter it will be developed the proposal of a rebuild for the Challenge of injunction of disrespect of fundamental rules, in the intention to grant to our legal system a mechanism of control of the constitutionality at the same time concrete and concentrated.

ASSUNTO(S)

direito constitucional - dissertaÇÕes direito constitucional

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