Controle de constitucionalidade e seus aspectos estruturais no ordenamento jurídico brasileiro

Abstract

ABSTRACT

This article analyzes the constitutionality control within the Brazilian legal system, highlighting its theoretical foundations, concepts, and nature. The study examines constitutional supremacy and rigidity as essential premises for maintaining the Democratic Rule of Law and the harmony of the normative system. A deductive method was used through a doctrinal and normative review to describe the types of judicial review active in the country. The particularities of diffuse control were investigated, characterized by universality and accessoriness in monocratic courts, as well as compliance with the full bench reservation clause in superior courts. Additionally, concentrated control was addressed, detailing the functioning of the Direct Action of Unconstitutionality (ADI) and the Declaratory Action of Constitutionality (ADC) before the Supreme Federal Court. The results indicate that the Brazilian system, by adopting a hybrid model, grants the Judiciary the role of indispensable guardian of the Constitution, ensuring the removal of incompatible norms and legal certainty. It is concluded that the improvement of decision-making techniques, such as interpretation in accordance with the Constitution and the modulation of effects, is fundamental to preserving institutional stability and fundamental rights.

Keywords: Constitutionality Control; Constitutional Supremacy; Supreme Federal Court; Constitutional Law; Legal Certainty