Análise da extensão de sentido e das possiblidades criadas pelo parágrafo primeiro do Art. 12-F da Lei 9.868/99: os limites (ou falta deles) das decisões cautelares e definitivas em ação direta de inconstitucionalidade por omissão

Abstract

The present work seeks to analyze the possible expansion of the scope and force of decisions in control of constitutionality rendered in the seat of Direct Action of Unconstitutionality by Omission by the Federal Supreme Court from the insertion of the first paragraph of art. 12-F of Law 9.868/99, in a reform carried out in 2009, using jurisprudential research, adopting the empirical model, and bibliographic research on the subject, in the theoretical field. Among the purposes pursued by the research, it is worth highlighting the analysis of the possibility of issuing, by the STF, normative commands that can supply the legislative omission while it lasts. To this end, it dealt with the aforementioned instrument and on issues relevant to the subject, such as the separation of powers, monocratic injunctions within the scope of the STF and judicial activism ahead of legislative inertia, as well as an analysis of the data obtained in jurisprudential research, concluding with the expansion of the reach of decisions in the ADO from the reform, including the verification of the existence of creative decisions that replaced the constitutional omission of the legislative power, surpassing the traditional conservative jurisprudence on the subject.