A ineficiência da ação direta de inconstitucionalidade por omissão quando proposta contra o Poder Legislativo Federal.

Abstract

The Federal Constitution of 1988 established a vast range of rights in the citizen's favor, though, nor all solemnity-applied, needing great part of them of a complemented performance or on the part of the administrative organs or of the Legislative Power. Due to that the representative instituted the Direct Action of Unconstitutional for Omission, with the purpose of healing that unconstitutional inertia of that organ or Power to who it competes to produce the infraconstitutional norm. In that way, it's justified the study of the Direct Action of unconstitutional for Omission when proposal against the Federal Legislative Power, time that is of highest importance for the science of the Right, since, in spite of the relevance of the theme, it has not been given prestige to by the researchers of the juridical area. Like this, the problem that she intend to investigate, the Direct Action of Unconstitutional for Omission is been proposed against the Federal Legislative it has been efficient in your effects in the sense of turning fully effective the constitutional norms of limited effectiveness. Therefore, the general objective of this study is to research the Direct Action of Unconstitutional for Omission inflicted to the Federal Legislative Power and, specifically, to discourse on the systems of constitutional control in Brazil and those adopted in the alien legislation; besides demonstrating the instruments of control of the unconstitutional omission in the diffuse and concentrated roads; and, finally, to research on the efficiency of the consequences generated by the referred institute in the sense to turn effective constitutional norms of effects program. The present study treats, still, about possible contributions for the sanitation of the fanned problem, approaching the lifted up hypotheses, to know: the possibility of the Judiciary Power, through a normative sentence, substitute the inertia of the legislator temporarily; the viability of taking the responsibility, in losses and damages, the Legislative Power that kill themselves done omit due to the unconstitutional declaration by the Judiciary; and it is cogitated, still, the creation of a competent Constitutional Tribunal to judge, among other things, the cases of omission of the legislator. The research grows by the employment of the methods bibliographical, historical-evolutionary and exegeticsjuridical ally to the researches accomplished in the databases of STF and other Tribunals, as well as in the national and foreign doctrine. The used methodology allows it that the work it is structured in three chapters: the first chapter will treat of the general aspects of the constitutional control; the chapter two has more form perfected on the forms of control, concentrated and diffuse, of the unconstitutional omission; and the following chapter is investigated referred her action of pondered control that seeks to heal the unconstitutional omission of the Legislator it has been efficient in your effects. It stews of results, it is had that the suggested hypotheses are of difficult implemented, since they are far away from they be unanimity among the applicators of the Right. However, be pointed out that the theme of the unconstitutional for omission is for too much recent and, for that, the recognition, besides of the own Legislative Power, of the existence of such problem, to the they foresee an instrument of combat of the omission in the own constitutional text, a good progress should already be considered.