Eficácia repristinatória da decisão na ação direta de inconstitucionalidade

Abstract

The jurisprudence of the Federal Supreme Court, since the previous constitutional regime, recognizes that the injunction in the direct action of unconstitutionality and its final decision imply the automatic restoration of the validity of laws repealed by rule unconstitutional and repealed by standard object of abstract control of norms, phenomenon called repristinatory effect. This effect is not confused with repristination to reinstate the law as a result of the withdrawal, since repealed by the standard norm revoker resurfaces only if it is expressly contrary to institute study that occurs implicitly. Studying the repristinatory effect against the principle of legal certainty, given that not always the restoration of the rule shows once revoked if necessary. On the topic, because of lack of regulation of the institute in our constitutional order, the Law 9.868/99 came expressly provided in place of a precautionary measure, allowing the Federal Supreme Court prevent the application of this effect if there is an explicit statement to the contrary. The research is based on doctrine and jurisprudence of Praetorium Exalted by analyzing decisions in which there was application of the repristinatory effect and other related topics, focusing on precedents related to this effect, arguing in the sense of the need to revise them in order to provide greater efficiency to the mission of the STF guarantor of constitutional legal order.