A atuação do Senado Federal em meio ao controle difuso de constitucionalidade

Abstract

This course conclusion work has as its central theme the role of the Federal Senate in the midst of diffuse control of constitutionality. As a general objective, it is verified how the Senate acts during the diffuse control, and as specific objectives the suspension operation is analyzed through a Federal Senate resolution on the execution of laws or normative acts that had a declaration of unconstitutionality by the STF during diffuse control, as well as exploring the limits of this suspension carried out by the Senate and analyzing whether there is currently a real need for action by this legislative body, during incidental control. As a research method, a narrative review of the literature was carried out, through books, articles, laws and jurisprudence, which dealt with the incidental constitutionality control and the subsequent actions of the Federal Senate. In possession of such data, it was verified that this action began with the Federal Constitution of 1934, and is currently regulated by art. 52, item X of the 1988 Constitution. Since such power given to this legislative house is linked to the time it was created, there is a national historical context of a dispute for power, influenced by the principle of separation of powers, as well as the fact that there is not an adequate understanding of the extensibility of the decisions rendered by the STF. Thus, it was concluded in light of the doctrinal positions found, combined with the evolution of the Brazilian legal system and the analysis of the period in which such constitutional rule emerged, that there really is no need for the Federal Senate to suspend the execution of laws declared unconstitutional during the diffuse control, given that for this, it would make a political analysis of a norm already declared unconstitutional, by the guardian of the constitution, the STF.