Name: BRIGIDA ROLDI PASSAMANI
Publication date: 17/06/2020
Advisor:
Name |
Role |
|---|---|
| HERMES ZANETI JUNIOR | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| GEOVANY CARDOSO JEVEAUX | Internal Examiner * |
| HERMES ZANETI JUNIOR | Advisor * |
| RICARDO GUEIROS BERNARDES DIAS | Internal Examiner * |
Summary: The thesis promotes the understanding of judicial review within the
spectrum of the due process of law, seeking to promote a clear comprehension
of the phenomenon of unconstitutionality, based on the binomials that compose it, in order to demonstrate that: (1) there is no ontological or procedural hierarchy in relation to the precedent established in the concrete and diffuse system and abstract actions for concentrated control of
constitutionality; (2) the results, however, obtained with each model of
judicial review, from the point of view of the legal norm, are divergent,
resulting (2.1) in one way, in the invalidity of the legal norm; and, in
another (2.2) in the promotion of its disapplication; and (3) these biding
techniques related to the two layers of effectiveness of the decisions (inter
parts and erga omnes) and the biding technique related to the force of the
precedent (its universalization and stare decisis) coexist in mutual harmony
and contribute to the current judicial review adopted in the Brazilian system
be able to operate with the best possible performance since a judicial review
was once adopted.
