UNCONSTITUTIONAL LAWS AND STATE LIABILITY

• DOI: 10.22533/at.ed.216216222908

• Palavras-chave: Preventive control of constitutionality; laws; Legislative power; State Civil Liability; Civil liability of the State for unconstitutional laws.

• Keywords: Preventive control of constitutionality; laws; Legislative power; State Civil Liability; Civil liability of the State for unconstitutional laws.

• Abstract:

  This article aims to investigate the civil liability of the State for acts of the Legislative Power, building a theoretical apparatus that makes it possible to reveal the foundation of a state responsibility for enacting unconstitutional laws, considering that this is the element not yet fully situated., hence the difficulties encountered in dealing with the topic. Thus, with a view to achieving a logical development, the study unfolds in three stages of approach: The first stage focuses on the civil liability of the State, researching its concept as a legal category; in the second stage, the theme becomes specific, based on the analysis of the Legislative Power's accountability: regarding the legislative function; the legislative structure; the legislative agent; it's the law. In the last step, the theoretical foundations of state accountability for unconstitutional laws will be sought, in the doctrinal and jurisprudential field. For this purpose, the work under study is supported by placing the foundation of the responsibility of the Legislative State, whose analysis unfolds in the hypotheses of the unconstitutional act, and the respective assumptions of the duty to indemnify. The research method is inductive, based on a literature review on the subject.

• Número de páginas: 22