Arguição de descumprimento de preceito fundamental: o desvirtuamento e o tímido avanço do direito processual constitucional.

Abstract

This research will have as focus the Oral test of Noncompliance of Fundamental Precept, for being an instrument recently instituted in the Brazilian juridical ordenamento their outlines be being still defined for the jurisprudence and for the doctrine. The objective will be to try to identify what already this established and the controversies that that procedural tool still raises. In that way there will be an exhibition of the doctrine and of the jurisprudence in what refers the Oral test of Noncompliance of Fundamental Precept and his/her importance for the Brazilian juridical ordenamento, tends in view the including value and vinculativo that the decisions originating from of such processes provoke in the society. Starting from the delineamento of the existent parallel institutes abroad will be made the identification of the similarities and differences in what says respect to the institute of right procedural patrio. Soon afterwards they will be defined the concepts around the Oral test and like them they pronounce in the processing of the referred action. At the end it will be made a picked of what was approached and a valoracao of that novel instrument of constitutionality control, introduced in the ordenamento juridical patrio starting from the Constitution of 1988.