INDIVIDUAL RIGHTS AND THE REVIEW OF BRAZILIAN PRE-CONSTITUTIONAL LAW IN THE SCOPE OF CONCENTRATED CONSTITUTIONAL REVIEW

Authors

  • Teresinha Inês Teles Pires UniCEUB

DOI:

https://doi.org/10.5380/rfdufpr.v59i3.32780

Keywords:

Breach of fundamental precept. Concentrated control. Constitutional interpretation. Constitutional jurisdiction. Pre-constitutional law.

Abstract

This paper investigates the updated techniques regarding the exercising of the concentrated control of constitutionality in the Brazilian system, on laws and norms enacted prior to the current Constitution. It will be shown how was built the admissibility of pre-constitutional law review in the Supreme Court, and how the modulation mechanisms of judicial review brought a remarkable, productive procedural flexibility to the decision-making practice. The interpretation according to the constitution, particularly, is being improved as an instrument for the preservation of legal norms which are not entirely unconstitutional. Besides, it enables the necessary removal, from the legal system, of hypotheses that are deemed nonconforming to the principle-based constitutional provisions. In the same direction, the instrument called Claim of Breach of Fundamental Precept has been an important mean for the defense of the Constitution supremacy and for the effectiveness of individual freedoms therein guaranteed.

Author Biography

Teresinha Inês Teles Pires, UniCEUB

Graduada em Direito pela Universidade Federal de Goiás (1987), mestre em Filosofia pela Universidade Federal do Rio Grande do Sul (1994) e doutoranda em Direito pelo Centro Universitário de Brasília – UniCEUB. Promotora de justiça do Ministério Público do Distrito Federal e Territórios.

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Published

2014-08-09

How to Cite

Teles Pires, T. I. (2014). INDIVIDUAL RIGHTS AND THE REVIEW OF BRAZILIAN PRE-CONSTITUTIONAL LAW IN THE SCOPE OF CONCENTRATED CONSTITUTIONAL REVIEW. Revista Da Faculdade De Direito UFPR, 59(3), 37–54. https://doi.org/10.5380/rfdufpr.v59i3.32780

Issue

Vol. 59 No. 3 (2014)

Section

Artigos

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