Post by account_disabled on Jan 11, 2024 1:43:20 GMT -5
within the scope of subjective processes. 6. This Federal Supreme Court has already considered a claim similar to that now presented in ADI 1,597, through which the Workers' Party, the Brazilian Socialist Party and the Democratic Labor Party sought, under the pretext of removing the unconstitutionality of the MP 1,481-48, dated 04/15/97, the preliminary suspension of the auction intended for the privatization of Companhia Vale do Rio Doce, a mixed-capital company included in the National Privatization Program implemented by the Federal Government. When considering the request, the eminent rapporteur, Minister José Néri da Silveira, decided as follows: “The direct action of unconstitutionality is an.
objective process, in which it is decided on the constitutionality, or not, of laws or normative acts, federal or state, in light of the Magna Lei da República (CF, art. 102, I, a), in abstract. It does not provide information o Phone Number List n concrete, subjective situations, which may exist, resulting from the application of the contested rules. Subjective situations that have arisen under the shadow of the rules, subject to direct unconstitutionality action, must be protected through appropriate procedural channels, including through the instrument of precautionary measures to be assessed in the competent courts.
Although the seriousness of the legal effects, in particular, also resulting from the impact of the rules in question, it is not up to the Federal Supreme Court, in the scope of the direct action of unconstitutionality, to know about them, in order to adopt possible action. Certainly, if the Court suspends the validity of normative provisions that are considered to be in conflict with the Constitution, or decides, in the final judgment, to declare their invalidity, legal consequences will arise that deconstitute the acts carried out or the legal relationships formed by invoking the rules. invalid. However, it is not up to the STF to take cognizance of these situations or legal effects, specifically, while deciding on the.
objective process, in which it is decided on the constitutionality, or not, of laws or normative acts, federal or state, in light of the Magna Lei da República (CF, art. 102, I, a), in abstract. It does not provide information o Phone Number List n concrete, subjective situations, which may exist, resulting from the application of the contested rules. Subjective situations that have arisen under the shadow of the rules, subject to direct unconstitutionality action, must be protected through appropriate procedural channels, including through the instrument of precautionary measures to be assessed in the competent courts.
Although the seriousness of the legal effects, in particular, also resulting from the impact of the rules in question, it is not up to the Federal Supreme Court, in the scope of the direct action of unconstitutionality, to know about them, in order to adopt possible action. Certainly, if the Court suspends the validity of normative provisions that are considered to be in conflict with the Constitution, or decides, in the final judgment, to declare their invalidity, legal consequences will arise that deconstitute the acts carried out or the legal relationships formed by invoking the rules. invalid. However, it is not up to the STF to take cognizance of these situations or legal effects, specifically, while deciding on the.