GABRIEL, P. S.; GABRIEL, Péricles de Sousa.
Résumé:
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.
