Controle Difuso de constitucionalidade durante o trâmite do processo Legislativo Federal.

Abstract

Due to the Constitution's principle of supremacy and other constitutional jurisdiction inherent principles the constitutionality control figures out as an instrument of major relevance to the democratic state of law. Its primary function is to assess the adequacy of a given behavior in relation the Constitution, based on formal and material aspects provided in the Constitution text. The doctrine In its turn works, in unison, with several classifications to the legal institute, amongst them there are that which adopts as parameter the moment of its realization, what entails in classifying it as preventive or repressive. Moreover, in what concerns to the preventive control of constitutionality, it plays an important role at the practical legal system, being responsible for preventing that norms contaminated by unconstitutional vice enter the legal system, avoiding future losses and legal uncertainty. Thus, this work evolves around a specific theme: the detailed study of the preventive control of constitutionality carried out by the judiciary due to violation of the constitutional principles at the legislative process. What is discussed here is the control performed prior order by the Judiciary, diffusely, observing as their object projects of law or constitutional amendments that have disrespected the rules relating to its legislative process, or in case of constitutional amendments, when they have been issued by the derivative constituent not observing the material limitations, ie violating the matters provided at art. 60, paragraph 4 of the Brazilian Federal Constitution of 1988, doctrinally known as an eternity clause. It was performed a bibliographic research which permitted the opportunity to present the definition of the institutions and principled concepts of the most reliable doctrine, as well as references to the relevant constitutional precepts, legal provisions and Supreme Court. Jurisprudence. The study is divided into three chapters. The first chapter presents the concepts, principles, historical development of constitutionality control, constitutionality block and objectives; the second chapter brought the study of constitutionality control models, reviewing the main characteristics related to diffuse and concentrated control, as legitimacy, object and purpose of the decision, outlining its main features; Finally, the third chapter discusses the preventive control of constitutionality carried out as a result of federal legislative process contaminated by vice of constitutionality, as well as its object of contestation and adequate legal remedy in addition to approach the legitimated to do so. Thus, starting assuming the losses and legal uncertainty arising from the entry of a constitutionally defective rule at the field of law, the conclusions show the importance of that prior control mechanism, that aims for a salutary legislative process, ensuring compliance with constitutional norms.