A Resolução nº23.389/2013 do Tribunal Superior Eleitoral e a tensão entre os poderes constituídos

Revista Brasileira de Políticas Públicas

Bernardo Silva De Seixas¹  Roberta Kelly Silva Souza² 

[1] Instituição Toledo de Ensino;Instuição Toledo de Ensino - ITE/Bauru

关键词: Jurisdição Constitucional;    Omissão Inconstitucional;    Função Normativa.;   

DOI  :  

学科分类：社会科学、人文和艺术（综合）

来源: Centro Universitario de Brasilia

【 摘 要 】

The situations of regulatory gaps are inherent to Constitutions which foresee limited efficacy standards in its permanent text, however, not being of good plea, the permission of normative voids, occurred by the Legislative’s inaction, resulting in unconstitutionality by default and entailing in a noncompliance of the Constitution. Thusly, this paper faces the question of the possibility of granting Legislative powers to the Judiciary, in order to justify the possibility of such overcome the obstacles imposed by the Legislative inertia and accomplish the enforcement of constitutional determinations via court decisions or secondary normative acts. Through literature and jurisprudence research, having as theme the regulatory role of the Supreme Electoral Tribunal which set the number of deputies to each member state of the Brazilian Federation for statewide elections in 2014, it has been the aim, stimulating debate about the possibility of normative decentralization of the Legislative’s legislating function in the Brazilian legal system, as well as the study of the characteristics, requirements and limits imposed on the Judiciary when it comes to the exercise of such normative competence, capable of innovating the national legal system.

【 授权许可】

Unknown