Da inconstitucionalidade das normas constitucionais

Abstract

The present study seeks to analyze whether there is a possibility that there are norms that, coming from the same Original Constituent Power, could come into conflict with other norms of the Constitutional Text and, as a result, be considered Unconstitutional. The research has its problem delimited in the analysis of the system through the deepening of three points: The limitation of the Original Constituent Power, The existence of a hierarchy among the norms constitutional and the principle of the unity of the Constitution and, finally, The competence of the Constitutional Courts. The debate on the theme of Constitutional Norms Unconstitutional Guidelines concentrates its greatest dilemma on whether or not to establish a hierarchy between the principles and rules of the Constitution. The limitation, by values of the Original Constituent Power and the existence and influence of a Supralegal Law in the constitutionality of the norms present in the Charter, are arguments that persuade