A possibilidade de declaração do estado de coisas inconstitucional por meio da ação civil pública.

Abstract

The article aims to analyze the possibility of declaring unconstitutional state of affairs by means of public civil action. It was verified the need to analyze this hypothesis from the observation that there are situations in which fundamental rights are violated in its collective perspective by State’s omission, and that can be the subject of a public civil action and the Institute of the unconstitutional state of affairs have only been glimpsed from the perspective of the concentrated control of constitutionality actions. To this end, it was analyzed the main points discussed in the doctrine and jurisprudence on the unconstitutional state of affairs. After describing the main normative regulations, as well as discussing the most relevant issues concerning public civil action as an instrument for the realization of fundamental rights. Subsequently, it was analyzed the possibility questioning a unconstitutional state of affairs by a public civil action, through the main possibilities offered, such as dialogical opening and the assurance of ample access to justice and main impacts of it, such as the issue of diffuse control of constitutionality, the limits of the res judicata and the judicial control of public policies. The method selected was the descriptive and exploratory, the approach was qualitative and the procedures applied to obtain the results were, mainly the documental, legal and jurisprudential analysis and the bibliographic review of the institutes approached. It was concluded through the research that there is the possibility of declaring an unconstitutional state of affairs by a public civil action.