A possibilidade de controle concentrado de constitucionalidade de atos infralegais à luz da jurisprudência do Supremo Tribunal Federal

Abstract

This work has as its object the possibility of infralegal normative acts, also called secondary normative acts, to be subject to concentrated control of constitutionality. In methodological terms, the investigation was conducted from the bibliographic review of academic writings and the analysis of the jurisprudence of the Federal Supreme Court, from which an evolution in the approach to the theme was observed, overcoming the previous restrictive, according to which the crisis of illegality could not be subjected to the aforementioned procedure. Given the imperative and supremacy of the Constitution, it was found that the control of constitutionality is a skillful way to prevent systemic inconsistencies that certain infralegal normative acts cause when they directly offend the constitutional text, as well as a mechanism for the realization of the Major Law and implementation of the fundamental rights and guarantees provided for therein. Thus, it was concluded that the expansion of the concentrated control of constitutionality to secondary normative acts guarantees and reinforces the supremacy of the Federal Constitution of 1988.