A excepcionalidade do controle de constitucionalidade preventivo realizado pelo STF

Abstract

The control of constitutionality of laws consists in a mechanism that is typically judiciary in the system of tripartition of Powers. The rigid constitution has hierarchical supremacy compared to the other laws in the legal system, meaning that the whole legal order must be compatible with the constitutional rules. The process of verifying the conformity of State acts with the constitutional text is done by the control of constitutionality, classified by the legal literature through different criteria. The preventive control of constitutionality performed by the Supreme Court, this Study´s core, is accomplished in a diffuse and incidental way, because said analysis is understood as matter of priority concerning the cases judged by that Court. As the judiciary intervention is done while the law is still being created, it is an exceptional hypothesis of constitutional control, that looks for the balance between the principle that says that Judicial Power may judge all matters and the tripartition of Powers.