CONTROL OF THE CONSTITUTIONALITY OF THE ITALIAN DECREE-LEGGE

• Autor(a) principal: Custódio Vêncio Filho, Esmar
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/555
• topic: Direito Constitucional Comparado. Decreto-Lei Italiano. Medida Provisória. Controle de Constitucionalidade.; Comparative Constitutional Law. Italian Decree-Law. Provisional Measure. Control of Constitutionality.

This article will compare the constitutional institutes of the Italian decree-legge and the Brazilian provisional measure. Therefore, we will verify the structure of each of these institutes. We compare the elements of each legal system in its various aspects such as initiative, requirements, assumptions, effectiveness, among others. The constitutional system of Italy and Brazil will be compared specifically regarding the control of constitutionality of the decree-legge and the provisional measure. To this end, we will also make a brief exposition about the Italian and Brazilian Constitutional Court, its composition and competences. The comparative constitutional approach between Italian and Brazilian law raises intriguing questions, especially with regard to legal nature, material limitations, effectiveness and, especially, the litigation of constitutionality. In the wake of this investigation, we will proceed to the comparison of the referred institute with the corresponding one in the Brazilian Federal Constitution. We will use the exploratory/descriptive method to compare constitutional aspects. This method familiarizes the researcher with the problem, which makes it more evident in the construction of hypotheses and the description allows identifying variables (GIL, 2010, p. 27). Technically, we used bibliographic and documentary collection, collecting doctrinal material as well as a survey of judgments from international and national courts, especially those of constitutional competence.