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Declaratory judgement of constitutionality. An instrument for the constitutional review of laws under Brazilian law. A...
ISSN: 2545 - 8817
Publisher: author
Declaratory judgement of constitutionality. An instrument for the constitutional review of laws under Brazilian law. A...
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 2
Article Transparency Score: 2
Article Operation Score: 2
Article Articles Score: 3
Article Accessibility Score: 3
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International Category Code (ICC):
ICC-1002
Publisher: Universidad De San Andrés
International Journal Address (IAA):
IAA.ZONE/2545115488817
eISSN
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2545 - 8817
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Abstract
The Constitution of the Federative Republic of Brazil establishes a mixed system of constitutional review. Thus, it is primarily incumbent upon the Federal Supreme Court uphold the Constitution, which is originally responsible for addressing the direct action of unconstitutionality of federal or state law or normative act and the declaratory action of constitutionality of federal law or normative act. In turn, due to the influence of North American law, it also contemplates the possibility of diffuse control, carried out by lower courts, although stating that only by the vote of the absolute majority of their members can they declare the unconstitutionality of a law or normative act of the public power. This paper focuses on concentrated control and, particularly, on an unparalleled instrument of constitutional review: the declaratory judgement of constitutionality of federal law or normative act, attributed to the original jurisdicti...
