Controle de constitucionalidade: efeitos do controle de constitucionalidade e sua importância para garantir a segurança jurídica

Abstract

Admission control of constitutionality in Brazilian law was primarily responsible for the emancipation of the judiciary, since even began to control the rules that enter the Brazilian legal system. Obviously, such assignment to exercise control of the content of the rules is essential to the harmony of the Brazilian legal system. Thus, it is salutary study of the history of judicial review and, in particular, the analysis of the main paradigms (US and British) and then observe the system of judicial review in Brazil for a broad understanding of the effects of decisions within the balance of standards and their importance today to ensure legal certainty essential cause for the conservation of the Democratic State Direct. Therefore, the comparison of the regulatory provisions in the face of the face of the Federal Constitution in spite foundation owns the supremacy of the Constitution may not be restricted to the theory of absolute nullity of rules declared unconstitutional because under certain circumstances retroactive effect can the principle of legal certainty or undermine important social interest.