Argüição de descumprimento de preceito fundamental: uma análise da aplicabilidade da lei nº 9.882/99

Abstract

This research analyses the Fundamental Precept Allegation of Breach as Institute of Constitutional Law, and verifies if the legal instrument meets the objective of preventing or repairing damage to fundamental precept, resulting from government act, as well as solution of cases (in abstract exam) in which is relevant the merits of constitutional controversy over the federal, state, or municipal Law or normative act, including those prior to the Constitution. It examines the role of the Supreme Court as a connoisseur of action. It describes the minutiae of the legislative process of drafting the ADPF regulatory Law. It identifies the purposes for which it has been effectively proposed the petition for Breach of Fundamental Precept, with focus on the legal effectiveness or applicability of the law.