A argüição de descumprimento de preceito fundamental no sistema jurídico brasileiro

Abstract

The writ of certiorari appeared as a new form of intent control of constitutionality, situated in the sphere of the constitutional ability of the Supreme Federal Court, it's objective is "to prevent or to repair injury to the basic principles, caused by an act of the Policy Makers" (caption of art. 1º of the Law n.º 9,882/99), being also usedl "when the bedding of the constitutional controversy on law or normative federal, state or municipal act is relevant, enclosed the previous ones to the Constitution" (art. 1º, § only, interpolated proposition I, of the Law n.º 9,882/99). In the developing of this research, it will be showed that there are many controversies involving the legality of this institute, some scholars have even questioned the unconstitutionality of the Law.As long as we are dealing with a new institute, these questions had still not been solved. The work will also show some historical aspects of the control of constitutionality in the Brazilian Law, as well as of the origin of the writ of certiorari. There is also been studied the procedure and its modalities, as well the object protected by the writ of certiorari. The effect of the decisions and the possibility of its manipulation by the Supreme Federal Court also will be object of study in this research, approaching, as well, the most controversial aspects among the Doctrine and Jurisprudence.