The resolution n. 23.389/2013 of the Superior Electoral Court and the tension between the incorporated powers

• Autor(a) principal: De Seixas, Bernardo Silva
• Data de Publicação: 2015
• Outros Autores: Souza, Roberta Kelly Silva
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Políticas Públicas (Online)
• Texto Completo: https://www.publicacoesacademicas.uniceub.br/RBPP/article/view/3025
• topic: Direito. Direito Constitucional; Jurisdição Constitucional; Omissão Inconstitucional; Função Normativa.

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.