Controle de constitucionalidade das leis orçamentárias: análise dos fundamentos justificadores do entendimento do Supremo Tribunal Federal

Abstract

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.