A omissão legislativa inconstitucional no contexto da República Federativa do Brasil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The purpose of this work is to study the phenomenon of the unconstitutional legislative omission, as well as its appropriate treatment within the context of the Brazilian State, which is characterized as a Democratic Republic. The starting point is the identification of the concepts of Republic and Democracy, in order to show their essential mechanisms, such as, for instance, the separation between the branches, the periodic election and the responsibility of the political representatives. Then, a report on the evolution of the Constitutions, within the axle of the history, starts, in order to verify the characteristics of the current Constitutions, which bear a leader content that imposes to the legislator the obligation of institutions of government programs with the purpose of servicing the goals that are constitutionally consecrated. Recognizing that the Constitution has legal rules with a greater or lower applicability level, it is then started the analysis of each one of the species of constitutional rules with the purpose of identifying the constitutional impositions to the legislator and in which situations the unconstitutional legislative omission can be verified. Therefore, one is directed at studying how the doctrine and the Brazilian jurisprudence deal with the constitutional remedies of control of the unconstitutionalities by omissions by the Legislative branch, trying to note the possible effects of the decisions that recognize them. Finally, the conclusion is presented, where it is showed that the solutions to put an end to the problem of the unconstitutional legislative omissions are within the balance between the republican and democratic principles mainly the one that deals with the separation between the branches and the democratic legitimacy of the peoples representatives with the guarantees that the Constitution attributes to the fundamental rights of the human person

ASSUNTO(S)

republic omissão inconstitucionalidade brasil -- direito constitucional legislative unconstitutionality legislativo democracia democracy direito controle da constitucionalidade república leis -- constitucionalidade omission

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