ALMEIDA, L. O.; ALMEIDA, Leonardo de Oliveira.
Résumé:
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.