Superação legislativa às decisões do Poder Judiciário: a reversão da jurisprudência do STF no exercício do controle de constitucionalidade.

Abstract

This research is about the institute of legislative overcoming, closely linked to the notion of separation of powers. The Federal Constitution occupies a prominent place in the Brazilian legal system, because of the supremacy it enjoys in relation to other legal norms. Its principles, which are the basis of the legal system, serve as the norm for the adaptation of norms to social reality. In order for the harmony of the legal system to be maintained, it is necessary to appreciate the practical application of the constitutional principles of order and unity. The process of verifying the adequacy of the rules to the Constitution is called Constitutional Control, and is effective taking as a parameter the Magna Carta in its formal and material aspects. Once judicial control of constitutionality is carried out by the Supreme Court, it may have its decisions attacked, in cases in which it is not adequate to the needs of the social reality. In the verification of the possibilities of reaction of the legislator in the face of the STF's understanding of the constitutionality of legal norms, it was verified that when it is an infraconstitutional norm declared unconstitutional, the reaction of the legislator to return the same legal norm legal change is only possible in cases of factual economic, political, social or cultural changes. But when the legislative reaction is by changing the norm of the constitution so that the infraconstitutional norms conform to it, it is a form of effective legislative reaction, which is independent of any factual change, since the Supreme does not have the power to declare unconstitutional the amendment that introduced the change in the Constitution, unless it did not follow the legislative procedure itself or if it abolished stony clauses.