Modulação de efeitos nas sentenças declaratórias de inconstitucionalidade

Abstract

It describes the modulation of effects of declaratory judgments of unconstitutionality. It approaches, initially, the constitutional stiffness, the constitutional supremacy, the forms of unconstitutionality and the judicial control of constitutionality, with its two forms: diffuse and concentrated. It presents the theories of nullity and annulment of unconstitutional acts, addressing the modern trend of making such theory more flexible. It emphasizes the legislative innovation brought by the arts. 27 and 11, of the Laws 9.868/99 and 9.882/99, which expressly provide the possibility of modulating of effects of declaratory judgments of unconstitutionality. It examines the balance of interests and principles that should be undertaken by the Brazilian Supreme Court in the implementation of modulation, in order to value the Constitution's will in concrete case law.