Reflexões críticas sobre a declaração de inconstitucionalidade de ofício
This article intends to explore the arguments for and against the possibility of the declaration of unconstitutionality of norms ex officio. It intends to demonstrate that the problem at hand hides several complexities that cannot be ignored when the subject is broached. It proposes that it is possi...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6718898 |
| Source: | Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 5, Nº. 2, 2018 (Ejemplar dedicado a: maio/agosto), pags. 187-208 |
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| Summary: |
This article intends to explore the arguments for and against
the possibility of the declaration of unconstitutionality of
norms ex officio. It intends to demonstrate that the problem
at hand hides several complexities that cannot be ignored
when the subject is broached. It proposes that it is possible
to think of an adequate model that considers the numerous
implications that stem from the prohibition or obligation of
the ex officio control. The research employs an analytical
methodology, given that, through careful examination of
national and foreign jurisprudence and doctrine, it intends
to develop on arguments that are currently asserted, establishing
(i) a panorama for the creation of a model capable
of absorbing the ramifications of the problem and (ii) a base
for future constructive criticism of the models that currently reign supreme. It concludes that the possibility of ex officio
judicial review does in fat deserve reconsideration in Brazilian
doctrine and jurisprudence, because of its accentuated
relevance, complexity and implications in the separation
and balance between Powers. |
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