Aspectos doutrinários e processuais da arguição de descumprimento de preceito fundamental.

Abstract

The study of the constitutionality control he is one of most important of the world of the Right; since, all the legal complex is in accord with the Constitution, being unacceptable the validity of a rule of law in discord with the Law Biggest. Such premise is the guarantee of the basic rights of the citizen, a time that, all the inferior legal commands have that to be in agreement with the norms of superior degree, that is the Constitution. The Constitution of 1988 established, origtnartamente in the only paragraph of its art. 102, that to the Supreme Federal Court it would fit to appreciate the challenge of descumprimento of decurrent basic rule of the Constitution, in the form where the law made use. In this seara, the present study has for object the analysis of the institute that regulated the mentioned constitutional device, under a critical approach, identifying to the advantages and disadvantages, demonstrating clearly its application in the current conjecture of the intent control of constitutionality of norms. The importance of this study is latent, a time that the challenge of descumprimento of basic rule, regulated through Law 9,882 of 03 of December of 1999, came to complete the picture of abstract actions. As foreseen in the Law, the challenge it also has subsidiary character, being able to be proposal against any act of the Public Power, these not only normative, municipal and previous laws and normative acts the Constitution, that is, daily pay-constitutional, in view of the end to hinder breaking of constitutional rule (preventive form) or to repair injury caused for the breaking (repressive form). The concept of basic rule is deduced, as well as foresees hypothesis of secular regulation of the effect of the action for a provisional remedy and final decision, front to the agencies of legitimated the Public Power and roll of propo it. With the challenge of descumprimento of basic rule it finished being materialize in Brazil a purefy objective process, whose characteristic of subsidiariedade finishes for precipuamente transforming it into an action destined to the control of not-normative acts and municipal laws and normative acts and dally pay-constitutional, when these violate rule basic.