O controle de constitucionalidade no Direito brasileiro e a possibilidade de modular os efeitos da decisão de inconstitucionalidade.

Authors

  • JAIRO GILBERTO SCHÄFER e VÂNIA HACK DE

Keywords:

Control. Constitutionality. Effects. Ruling. Supreme Court (STF). Tuning of time effects. Brazil. Systems. Fundamental rights.

Abstract

This article aims to outline, in the context of the Brazilian constitutional order, the main issues that arise from the rulings of its Supreme Court (STF), when it exercises its power of controlling the constitutionality of the legislation, being worth to remark that such control is twofold (diffused control and concentrated control). Firstly, the system designed by the Brazilian Constitution of 1988 for controlling of constitutionality of the legislation will be approached. Secondly, special attention will deserve to the legal technique — which is a historical innovation — of tuning the time effects of a ruling that deems a legal act to be unconstitutional, as well as to the solutions at which the STF arrived, when facing the problems that stemmed from the application of such technique.

Published

2008-12-19

Issue

Section

THE IMPACT OF THE CONSTITUTIONAL JUDGMENTS