Sistema de controle de constitucionalidade estadual e distrital: uma análise do sistema positivado presente nas constituições e regimentos internos dos tribunais de justiça

Abstract

Constitutional control is an important instrument for the defense of Constitutions, as well as for the removal of unconstitutional laws from the legal system that may come to violate the fundamental rights of individuals. In Brazil, constitutional control works at the federal and state level, the former being extensively explored by legal literature and case law, which has already consolidated several concepts and processes for its exercise. However, the concentrated judicial review at state level is dispersed and often asymmetrical concerning federal texts, with each federated entity having specific rules for its exercise or even normative gaps that prevent its processing. In this perspective, the insufficiency of more incisive works that compress or analyze positive documents of state constitutional control can be seen, which demonstrates the fundamentality of the research being made. Therefore, the present work turns to these problems, analyzing constitutions and internal regiments of the courts of law at the state level, bibliographic and jurisprudence sources, later presenting a comparative and schematic board of the subnational systems, so that it can also be understood at what extent the studied federal entities are able to defend its fundamental texts and guarantee to the greatest extent the effectiveness of fundamental rights, removing unconstitutional rules from the legal system through concentrated constitutional control. Regarding the methodology, at first, it was chosen to contextualize from the theoretical constructs about constitutional control in Brazil and the many existent types, focusing on concentrated control. Secondly, it took place document analysis of constitutions and regiments, later presenting a comparative board and the main peculiarities found, finally demonstrating the results reached in the research.