Análise da (in) constitucionalidade da Lei nº 4.989/2018 do município de Patos-PB.

Abstract

This is about a case study of the (un)constitutionality of municipal law number 4.989/2018 of the municipality of Patos-PB in the light of the Federal Constitution of the Republic. The law intended to reserve space, in public and private establishments, and roads, for vehicles conducted or carrying pregnant women or children up to two years, finally, fixed a fine for their non-compliance. The Constitutional hermeneutics is initially addressed with emphasis on the methods of interpretation of the Constitution, its principles, origin and historical evolution of the constitutionality control, this being the legal instrument that allows the protection of Constitutional order within a given system and has as a presupposition the legal force of constitutional norms and its unquestionable superiority in the patriarchal order, has its models (preventive, repressive, diffuse and concentrate) and kinds (formal, material, by action, by omission, total, partial, direct and indirect) also studied. However, the municipal law was investigated in the light of the municipal Organic Law of Patos-PB, the State Constitution of Paraíba, and finally, in the light of the Federal constitution. The study allows to verify that the law that allocates parking spaces for pregnant women is illegal before the organic law, in relation to the state letter no addictions were found and in relation to the Federal Constitution has organic formal addiction of unconstitutional. The survey pointed out the possibilities that the municipal law may suffer control, evidencing that it is possible to analyze in the seat of concentrated control in the court by claims of non-compliance with a fudamental precept and realized that the Supreme Court began to adopt the theory of ―abstrativização‖ in which it gives “erga omnes” effect to the detriment of ―Inter parties” in the diffuse control, independent of the Senate provide for suspension of publication of the implementing law declared unconstitutional by the Supreme Court, which may happen with the law studied, if any Legitimized to file a lawsuit with unconstitutionality incident and reach the Supreme court.