Post by sazid2017528 on Jan 11, 2024 5:17:56 GMT
By modulating the effects of a decision that declares the unconstitutionality of a norm, the Federal Supreme Court directly applies the Constitution, as it protects legal certainty, fundamental rights and other constitutional values. Rosinei Coutinho/STF Cármen Lúcia cast the winning vote Rosinei Coutinho/STF Thus, based on this basis, the court's Plenary formed a majority to validate the possibility of modulating the effects of decisions that declare the unconstitutionality of laws or normative acts. The virtual session will last until next Friday (31/3).
The STF is judging two direct actions of unconstitutionality WhatsApp Number List that questioned sections of the ADIs Law — one of them filed by the National Confederation of Liberal Professions (CNPL) and the other by the Federal Council of the OAB. One of the provisions questioned was article 27 of the standard, which authorizes the modulation of effects in judgments of actions of this type. Minister Cármen Lúcia's vote, given in 2020, prevailed. For her, the declaration of nullity of a norm opens a gap that could cause a situation even further away from the constitutional will.
According to the minister, it is possible that the suppression of a rule from the legal universe, carried out retroactively, results in damage "more harmful to the interests and values sheltered in the constitutional order" than its maintenance. Thus, for the judge, "if modulation of effects is promoted with the aim of preserving the unity of the Constitution itself, there is no way to maintain that the constitutional text needed to expressly authorize it." Omission due to unconstitutionality Another point pending judgment was the allegation of unconstitutionality due to omission in relation to the processing of actions declaring constitutionality. According to the CNPL, some excerpts of the original text of the ADI Law that dealt with the processing of ADCs were constitutional, but were vetoed by then president Fernando Henrique Cardoso.
The STF is judging two direct actions of unconstitutionality WhatsApp Number List that questioned sections of the ADIs Law — one of them filed by the National Confederation of Liberal Professions (CNPL) and the other by the Federal Council of the OAB. One of the provisions questioned was article 27 of the standard, which authorizes the modulation of effects in judgments of actions of this type. Minister Cármen Lúcia's vote, given in 2020, prevailed. For her, the declaration of nullity of a norm opens a gap that could cause a situation even further away from the constitutional will.
According to the minister, it is possible that the suppression of a rule from the legal universe, carried out retroactively, results in damage "more harmful to the interests and values sheltered in the constitutional order" than its maintenance. Thus, for the judge, "if modulation of effects is promoted with the aim of preserving the unity of the Constitution itself, there is no way to maintain that the constitutional text needed to expressly authorize it." Omission due to unconstitutionality Another point pending judgment was the allegation of unconstitutionality due to omission in relation to the processing of actions declaring constitutionality. According to the CNPL, some excerpts of the original text of the ADI Law that dealt with the processing of ADCs were constitutional, but were vetoed by then president Fernando Henrique Cardoso.