PREVENTIVE CONTROL OF CONSTITUTIONALITY IN THE LEGISLATIVE PROCESS IN SANTA CATARINA

• DOI: 10.22533/at.ed.2162122211076

• Palavras-chave: Preventive Control of Constitutionality. Constitution of the Federative Republic of Brazil. Legislative Process. Legislative proposition. Internal Rules of the Legislative Houses.

• Keywords: Preventive Control of Constitutionality. Constitution of the Federative Republic of Brazil. Legislative Process. Legislative proposition. Internal Rules of the Legislative Houses.

• Abstract:

  This article aims to investigate the preventive control of constitutionality in the legislative process of the state of Santa Catarina. Thus, initially, a brief reflection on preventive control of constitutionality in Brazil is presented. Then, it seeks to understand the procedure of legislative elaboration that must strictly observe the formalities prescribed in the constitutional text, since the consequences of the law are of paramount importance, since it limits individual freedom or guarantees rights to individuals. Failure to comply with any act of the legislative process will result in the formal unconstitutionality of the law. Subsequently, the author describes the functioning of the Internal Regulations in the legislative houses, in the present case, addresses the Internal Regulations of the State Legislative Assembly, consisting of norms and principles that underlie the legislative, administrative and supervisory functions of the Santa Catarina parliament. Finally, it is worth saying that unconstitutionality is one of the main problems in the quality of laws, especially state and municipal ones, which has serious consequences for the Judiciary and for the effectiveness of citizens' rights. The research method is inductive, based on a literature review on the subject.

• Número de páginas: 21