A jurisdição constitucional e o Conselho Nacional de Justiça : a possibilidade do exercício do controle concentrado de constitucionalidade pelo CNJ

Abstract

The paper reports the performance of the National Council of Justice in the Constitutional Jurisdiction, as it is in the concentrated contrai of constitutionality as one of the legitimized to the proposition of the direct action of unconstitutionality, as it is in the diffuse contrai of constitutionality, judging, in their administrative decisions, the compatibility of laws and normative acts with the Constitution. The study began with the theme of the Constitutional Jurisdiction, its historical evolution and characteristics concerned to the contrai of constitutionality , this understood as one of the essential tools for the practical development and the attainment of the ideas that drive modern constitutionalism. Looking for a different approach, under the point of view of democratic legitimacy of constitutional jurisdiction. Thus, it starts with the central idea of the constitutional jurisdiction as valid means of to guarantee the fundamental rights and defense of the democratic procedure. It will be analyzed, as well, the history of the Councils, making a comparison between such councils and the structure, composition, functioning and powers of the National Council of Justice. Finally, evaluating the modalities, the procedure and the peculiarities of the Brazilian constitutional contrai, it is proposed to include both the National Council of Justice on the list of legitimate of the art. 103 of the Federal Constitution, for the commencement of direct actions of constitutional contrai, as the recognition of the possibility of supervision within their decisions, indirectly, the constitutionality of laws and normative acts. Study based on doctrinal and jurisprudential data