Controle de constitucionalidade por vício de decoro parlamentar no Brasil.

Abstract

The existence of a standard that is at the apex of the legal system, induces a hierarchy between the laws which requires that all species are normative in accordance with the text of Law Major. It should be protected by a series of measures to ensure their effectiveness and efficiency. There is a need for greater rigidity to the amendment of that rule, which states is having a mechanism for monitoring the validity of the laws, which is performed by an independent power that generated the norm, from which comes the need for separation of powers being one of immeasurable importance to the validity of the regulation is proposed or already approved. Thus, this study revolves around a specific theme: the model of judicial review of state acts, deeper into the addiction of parliamentary decorum. What we discuss here the possibility of a legislative act approved and promulgated by the indecent practices of parliamentary pass the scrutiny of a defense mechanism of the constitutional making null or changing the standard so that it will not hurt the constitutional provisions. The study is organized into three chapters, the first of which deals with the concept, principles and history of Judicial Review, analyzing their goals, the second verse about the models of Judicial Review, the existing classifications, as to body to exercise and the time of operation and the third chapter discusses the preventive control, the species of unconstitutionality and vices under the act or omission, including the vice of parliamentary decorum and the possibility of standardization regarding the latter. In carrying out this work, we used the method of interpretation, legal and historical-evolutionary, guided by the literature search, made before the doctrine is more marked, refers to case law and the careful analysis of existing legislation in order Brazilian law. Thus the purpose of this paper is to argue for the problems resulting from a law passed through the voting vitiated by the lack of decorum, which would make the law unconstitutional. At the end of this paper presents a proposal for a standardization that will correct such unseemly acts, punish those involved in this practice and restore order to the Brazilian regulatory system.