Dos efeitos da decisão em Mandado de Injunção no controle judicial da omissão legislativa inconstitucional.

Abstract

This work has the objective to analyze the effects of decisions on Writ of Injunction in judicial control of legislative unconstitutional omission. The Writ of Injunction is a constitutional instrument created with finality of giving effectiveness to rights, freedoms and prerogatives inherent to nationality, sovereignty and citizenship that don’t have immediate applicability because require a prescriptive subsequent complement by the public authorities. The legislative unconstitutional omission arises when the Legislative Branch is silent to edition of Regulatory Norm. The Judiciary Branch to make the judicial control of constitutionality of legislative unconstitutional omission came across countless obstacles, in which there stands out the principle of the separation of the powers. Initially the decisions of the Writ of Injunction was limited to declare legislative omission and check the Legislative Branch to accomplish the necessary steps for the execution of the rule, which generated a likeness of the effects produced in the Direct Unconstitutionality Action by omission. Evolutionarily, the Supreme Court through constitutional hermeneutics changed the effects of the Writ of Injunction to minimize delay legislative. And so began to emanate rulings without assuming a typical legislative function, distancing of the initially adopted decisions. The Supreme Court, regarding the right of strike of the civil servants, determined the subsidiary application of the Act 7783/88, the law that regulates the right to strike in employee relations. Showing a new signaling on how to interpret the principle of separation of powers and establishing a new posture to the effects to Writ of Injunction. However it is still a controversial topic and undefined in the orbit of legal system, since there is no definition as to the actual nature of this legal remedy, producing so the inapplicability of countless constitutional precepts. The methodology for construction of this project will be that of deductive hallmark, through the general study of constitutionality control and the Writ of Injunction, taking into account his effects on judicial control of legislative unconstitutional omission. And as research technique will be used indirect documentation, of essentially bibliographical hallmark, through the collection of national and foreign doctrines, as well as case law and journals that talk about the subject, for formation of the theoretical referential system to be used in the construction of all work.