Unconstitutionality by omission: a proposal for the constituent

• Autor(a) principal: Ferraz, Anna Cândida da Cunha
• Data de Publicação: 1987
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Administração Pública
• Texto Completo: https://periodicos.fgv.br/rap/article/view/9781

The writer deals with the problem of "omission" or "inertia" of state powers, suggesting the theme for a deeper analysis by the Constitutional Assembly. It is not her intention to propose an exhaustive examination of the subject during the future constitutional discussion. The issue may still be extremely enriched in the realm of Comparative Law. Then the author lists some of its main aspects: the constitutional mission of vested powers; the unfulfillment by said powers of their constitutional duties; the configuration of "omissions" committed by the vested powers as an "unconstitutionality" and, finally, the means to control "unconstitutionality by omission". The author stresses that in view of the evils emanating from "omissions" by such vested powers, such matter cannot be left out of the agenda to be discussed during the future Constitutional Assembly activities, taking place in 1987. Prof. Anna concludes by presenting some suggestions which combine ways of political and jurisdictional control, in order to obtain an effective application of the precepts of the Constitution.