Unconstitutionality by omissiona proposal for the constituent

Resumo

The writer deals with the problem of "omission" or "inertia" of state powers, suggesting the theme for a deeper analysis by the Constitutional Assembly. It is not her intention to propose an exhaustive examination of the subject during the future constitutional discussion. The issue may still be extremely enriched in the realm of Comparative Law. Then the author lists some of its main aspects: the constitutional mission of vested powers; the unfulfillment by said powers of their constitutional duties; the configuration of "omissions" committed by the vested powers as an "unconstitutionality" and, finally, the means to control "unconstitutionality by omission". The author stresses that in view of the evils emanating from "omissions" by such vested powers, such matter cannot be left out of the agenda to be discussed during the future Constitutional Assembly activities, taking place in 1987. Prof. Anna concludes by presenting some suggestions which combine ways of political and jurisdictional control, in order to obtain an effective application of the precepts of the Constitution.

Ficha do documento

Tipo

Artigo científico

Ano

1987

Instituição

Escola Brasileira de Administração Pública e de Empresas da Fundação Getulio Vargas (FGV EBAPE)

Fonte

Revista de Administração Pública

Idioma

Português

Acesso

Não informado

Identificador

oai:ojs.periodicos.fgv.br:article/9781