ABSTRACTIVIZATION OF THE DIFFUSE CONTROL OF CONSTITUTIONALITY AND THE RELATIVIZATION OF THE TYPICAL FUNCTION OF THE BRAZILIAN LEGISLATIVE POWER

• DOI: https://doi.org/10.22533/at.ed.216442409025

• Palavras-chave: diffuse control; constitutionality; abstractivization.

• Keywords: diffuse control; constitutionality; abstractivization.

• Abstract:

  This article seeks to discuss the possibility of a constitutional mutation in article 52, item X of the Federal Constitution. The research has a qualitative approach with a deductive method, based on the theory of the tripartition of constitutional powers, to understand the effects of the decision on diffuse control, based on jurisprudence and doctrine on the topic. From the data collected, it was verified that the STF has admitted the abstraction of effects in cases where unconstitutionality is incidental, therefore, giving erga omnes effect.