O controle de constitucionalidade brasileiro e a abstrativização do controle difuso

Abstract

The Constitution is the bedding of our legal system, placing itself in the vertex of this. It is the supreme and basic law of the State, that contains the referring norms to the formation of this, formation of being able them public, form of government and acquisition of the power to govern, distribution of abilities, structure and organization of its agencies, legitimation of being able them state, in the measure where it recognizes them and in the ratio for it distributed, right, guarantees and duties of the citizen, at last, the basic norms of the State and the rights and basic guarantees of the particular ones. The constitutionality control is the legal system, established in the proper Constitution, guarantor of instruments and procedures especially destined to impugnate incompatible acts or norms with it, remaining its supremacy. The constitutionality control is subject of sufficient tradition in the history of the brazilian legal system, but still it is a sufficiently current substance, due to its extreme relevance, essencialidade, and practical application in all the spheres of the Federacy. This work wants to make a legislative analysis of the main aspects, divergences and changes constitutional and of the brazilian system of constitutionality control, examining the vast jurisprudence that if it formed on the subject, to define the diverse forms of unconstitutionality and the procedures to fight them, and to focus the current trend revealed for the Supreme Federal Court in the direction of the abstract or objective of the diffuse control of constitutionality. It is a very recent orientation, but about ample importance and repercussion, that a deepened study deserves.