Navegando por Assunto "Controle de constitucionalidade"

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Controle de constitucionalidade das leis orçamentárias: análise dos fundamentos justificadores do entendimento do Supremo Tribunal Federal
(Centro Universitário do Estado do Pará, 2020) Vasconcellos, Fabio Oliveira de; Menezes, Jorge Antônio Vaz; Oliveira, Adriano Carvalho; http://lattes.cnpq.br/5355929352561798
The purpose of this article is to analyze the fundamentals that justify the understanding of the Supreme Federal Court - STF about the control of the constitutionality of budgetary laws, the alteration of its jurisprudence that operated in time. This Supreme Court, which is the highest institution of the Judiciary, has the duty to make the Federal Constitution effective, as well as guarantee its legal security. The control of constitutionality occurs as an essential instrument to ensure the compatibility of all normative acts and infraconstitutional laws with the Major Charter. Before, until 2003, the STF signaled the impossibility of abstract control of budgetary laws, as it understood that such rules had a formal character or a mere concrete administrative act, therefore it would not be subject to constitutionality control. But from 2008 to the present day, with the judgment of ADI 4.048, the new understanding by which the Supreme Court must inspect the constitutional compatibility of budgetary laws with the 1988 Constitution is consolidated, without necessarily disregarding the harmony between the powers.
A força vinculante dos precedentes no CPC/2015: uma análise acerca da sua (in) constitucionalidade
(Centro Universitário do Estado do Pará, 2018-06-25) Cruz, Breno José Antonio Góes; Silva, Adelvan Olivério; http://lattes.cnpq.br/8410285154382694; Pereira, Bernardo
Among the changes introduced by the new Code of Civil Procedure (CPC / 2015), which came into force in 2016, we highlight the creation of a new system of binding precedents, reflecting a contemporary trend of approximation between Common Law and Civil Law systems. The undeniable valuation of precedents, evidenced mainly in Articles 489, 926, 927 of the CPC, is justified as a measure capable of overcoming a framework of uncertainty and insecurity arising from conflicting decisions, materializing fundamental rights such as legal certainty and isonomy. However, for some, under arguments materially accepted by the Constitution, the new precedent system introduced by CPC / 2015 was built without specific support in the Federal Constitution, when legislating on constitutional matter, which is why part of the doctrine diverges about its constitutionality . In the face of the insurrection, this monograph aims to analyze the main criticisms that the system of binding precedents instituted by the CPC / 2015 suffers, through this, by the theory of Judicial Precedents and by the study of the Control of Constitutionality, in order to finally position ourselves on of the problem.