Trinta e cinco anos da constituição federal de 1988: inércia legislativa e falta de regulamentação das normas constitucionais

Abstract

The present work investigated the problem of legislative inertia in the face of the effectivity of constitutional norms present in the Brazilian legal system. The central objective of the research was to analyze the lack of laws regulating constitutional norms that require action from the legislative branch, seeking to understand the legal, historical, and political reasons that result in legislative omission. To develop the text, the hypothetical-deductive method was used, through a qualitative approach in conjunction with bibliographical research and surveys carried out by research bodies. It was concluded that legislators have the discretion to omit themselves in relation to the creation of regulatory law, and that historically the National Congress was linked to a juspositivist political conjecture contrary to social rights that dates to the time of the Brazilian Military Dictatorship, it was demonstrated, also, practical effects of the lack of regulatory standards for certain social rights