A utilização da arguição de descumprimento de preceito fundamental para a tutela dos direitos fundamentais individuais

Abstract

This of course work completion, aims to observe the accusation of breach of fundamental precept in the protection of Fundamental Individual Rights. First I have characterized what would be the individual fundamental rights, using the concept of various scholars in the field on the subject, still inserted in this study jurisprudence as its understanding by the courts. There was also the definition of what would be the ADPF, its characteristics, is also when you can be your suitability. After this introduction, we come to the crux of the work in this part have been inserted as an example for Case Concrete some ADPF's with social relevance nature - those that had repercussions in society - and because it is of Fundamental Individual Rights. In this case, analyzing the ADPF's, one can see that the STF (judging body of ADPF), has preserved consciously, seeking the protection of society through the preservation of individual fundamental rights previously positivized in previous orders, which with advent of new constitutional system lost its effectiveness. In this sense, the Supreme Court has sought positivization fundamental rights previously granted and its extension, through judgments declaring the constitutionality of affirmative actions that seek to bring social equality to all citizens independent of its inequalities. The relevance of the decisions of ADPF's and its protection of Fundamental Rights single, it is understood that this action has developed important role in the protection of fundamental rights in society. It is that your judges have acted positively in the protection of these rights.