ANDRADE, M. M.; http://lattes.cnpq.br/7502989404301390; ANDRADE, Moanna Maria de.
Resumo:
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.