Constitutional jurisdiction and normative control in defense of the federative pact in Brazil’s Constitution of 1988
This paper examines constitutionality control as an instrument for defending the federative pact established by the Brazilian Constitution of 1988. This paper examines constitutional jurisdiction because it is important in safeguarding Brazil’s state formation as agreed in the Constitution of 1988....
| Authors: | , |
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2020 |
| Country: | Brasil |
| Institution: | Universidade Estadual de Londrina (UEL) |
| Repository: | Revista do Direito Público |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/37361 |
| Online Access: | https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/37361 |
| Access Level: | Open access |
| Keyword: | Constitutional Jurisdiction. Federal Pact. Supreme Court. Jurisdição Constitucional Pacto Federativo Suprema Corte. |
| Summary: | This paper examines constitutionality control as an instrument for defending the federative pact established by the Brazilian Constitution of 1988. This paper examines constitutional jurisdiction because it is important in safeguarding Brazil’s state formation as agreed in the Constitution of 1988. Moreover, this study explores the limits of the Constitutional Court as a body responsible for providing the jurisdiction and the restricted possibilities of intervention by the Union in issues of State autonomy. Moreover, it investigates the limits of Legislative activity vis-à-vis the autonomy principle of the entities of the Federation. This research is qualitative in nature and utilizes literature review and documentary analysis. This paper concludes that the most effective form of constitutional control, as a tool for upholding the federative pact, is abstract control with the Supreme Court as the competent and legitimate body for resolving constitutional conflicts that may threaten the autonomy of the Federated States. |
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