O recurso como garantia fundamental: possibilidades de restrição pelo legislador infraconstitucional

Abstract

The appeal aims to protect the safety and was placed under safeguards of the Federal Constitution of 1988. Through bibliographic and documentary search, research the possibility of limiting the guarantee. In CF, there is no definition of rights and guarantees, which appear as hybrids, absence a clear differential scheme. The definition of security not help in the design of the limitations necessary to appeal. Thus, the method of balancing appears as able to sustain the various positions and colidentes legal of constitutional nature, used with the general theory of the limitations derived from the Constitution. It appears that the appeal is subject to restriction by law infraconstitucional and weighting front of other values constitutionally guaranteed.