Objetivação do controle difuso de constitucionalidade.

Abstract

The Constitution if finds in the apex of the pyramid of the Legal system, ahead of this premise it is that the necessity of that inhabits all the inferior laws and normative acts to respect not making use it in opposition with the same one. It is through the Control of Constitutionality that if carries through the analysis of the adequacy of the norm in face of the CF/88. This Control is carried through of two forms, intent or the way of action and diffuse or the way of exception. The Control of Constitutionality in the action way if carries through for the STF, the direct actions of unconstitutionality and the diffuse control if of the one for the judges, since lower court being able to arrive until the Supreme one, through Appeal to the Brazilian Supreme Court, since that taken care of the through Appeal to the Brazilian Supreme Court, since that taken care of the requirements. The question that if considers is of that the Supreme Federal Court, in recent decisions, comes granting the same ones, in headquarters of diffuse Control diverse effect of the foreseen one in the CF/88, which is, is attributing to the decisions in headquarters of Diffuse Control of Constitutionality effect against all, instead of happening only in the case concrete, as it makes use the constitution. This phenomenon comes happening of two forms, namely, through the Binding Abridgements, brought newness the effect through the Constitutional Emendation n°. 45/04, called reform of the Judiciary one. To another way for which this phenomenon comes if consolidating in the Supreme Cut it is, by means of Appeal to the Brazilian Supreme Court, through a phenomenon which the doctrine calls of Constitutional Mutation, to justify the way for which the STF comes if locating for the effect it raises omnes, exactly in headquarters of diffuse control. This theory always comes if consolidating in the native Right in virtue of the supramentioned decisions presenting as justification the theory of the constitutional mutation. One searched during the research to present important processes description-evolutivos for better understanding of the subject in study, demonstrating a general vision of the Control of Constitutionality, of the negative aspects presented by its opponents, this trend if shows reasonable ahead of the necessity to speed the Judiciary Power, of the necessity that urge to prevent that demands pass years in the Courts when the STF has a firmed positioning. It is inconceivable that people if use of the ways judicial with the only intention to procrastinate the right of action for who in fact withhold it. This new trend of the native Right constitutes a landmark in the evolution of the same, representing a significant advance for the society and the legal relationships in its seio constituted.