Post by SHIHAB on Jan 10, 2024 21:25:04 GMT -8
unconstitutionality of a norm, the Federal Supreme Court directly applies the Constitution, as it protects legal certainty, fundamental rights and other constitutional values. Rosinei Coutinho/STF Cármen Lúcia cast the winning vote Rosinei Coutinho/STF Thus, based on this basis, the court's Plenary formed a majority to validate the possibility of modulating the effects of decisions that declare the unconstitutionality of laws or normative acts.
The virtual session will last until next Friday (31/3). The STF is judging two direct actions of unconstitutionality that questioned sections of the ADIs Law — one of them filed by the National Confederation of Liberal Professions (CNPL) and the other by the Federal Council of the OAB. One of the provisions questioned was article 27 of the standard, which authorizes the modulation of effects in judgments of actions of this type. Minister Cármen Lúcia's vote, given in 2020, prevailed.
For her, the declaration of nullity of a norm opens a gap WhatsApp Number List that could cause a situation even further away from the constitutional will. According to the minister, it is possible that the suppression of a rule from the legal universe, carried out retroactively, results in damage "more harmful to the interests and values sheltered in the constitutional order" than its maintenance. Thus, for the judge, "if modulation of effects is promoted with the aim of preserving the unity of the Constitution itself, there is no way to maintain that the constitutional text needed to expressly authorize it.
ter Sepúlveda Pertence (who retired that same year). At the time, the rapporteur voted in favor of the unconstitutionality of article 27, as he understood that its content could only have arisen from an amendment to the Constitution. Still in 2007, Cármen requested a review of the case in relation to the two remaining points. In 2020, when she cast her vote, minister Marco Aurélio (who retired the following year) also voted for the unconstitutionality of article 27. According to him, the modulation of effects mitigates the Constitution, as if it had not been in force until then.
The virtual session will last until next Friday (31/3). The STF is judging two direct actions of unconstitutionality that questioned sections of the ADIs Law — one of them filed by the National Confederation of Liberal Professions (CNPL) and the other by the Federal Council of the OAB. One of the provisions questioned was article 27 of the standard, which authorizes the modulation of effects in judgments of actions of this type. Minister Cármen Lúcia's vote, given in 2020, prevailed.
For her, the declaration of nullity of a norm opens a gap WhatsApp Number List that could cause a situation even further away from the constitutional will. According to the minister, it is possible that the suppression of a rule from the legal universe, carried out retroactively, results in damage "more harmful to the interests and values sheltered in the constitutional order" than its maintenance. Thus, for the judge, "if modulation of effects is promoted with the aim of preserving the unity of the Constitution itself, there is no way to maintain that the constitutional text needed to expressly authorize it.
ter Sepúlveda Pertence (who retired that same year). At the time, the rapporteur voted in favor of the unconstitutionality of article 27, as he understood that its content could only have arisen from an amendment to the Constitution. Still in 2007, Cármen requested a review of the case in relation to the two remaining points. In 2020, when she cast her vote, minister Marco Aurélio (who retired the following year) also voted for the unconstitutionality of article 27. According to him, the modulation of effects mitigates the Constitution, as if it had not been in force until then.