LEGAL ASPECTS AND SOCIAL EFFECTS FROM CONSTITUTIONALITY CONTROL UNDER THE LAW Nº. 9,868/1999

Abstract

The purpose of this text is to present the main characteristics about the development of concentrated constitutionality control, in Brazilian law, addressing the constitutional process and the legal aspects of that modelo f control, in the light of Law No. 9,868 / 1999, which provides on the process and judgment of the Direct Action of Unconstitutionality (ADI) and the Declaratory Action of Constitutionality (ADC) before the Supreme Federal Court, in order to recognize the historical evolution and the functioning of this mechanism in Brazil as well as the social effects resulting from that control. It intends to analyze the relations of the rendered decisions, observing the directions of Brazilian society with regard to the application and enjoyment of social and individual rights. It uses the bibliographic study, based especially on the theories proposed by José Afonso da Silva (2004), Luís Roberto Barroso (2001), Gilmar Mendes (1999) and Alexandre de Moraes (2005) about diffuse and abstract control of constitutionality. It concludes that the decision issued by the STF affects not only those interested in the process, but also the individuals or social groups that depend on this decision, in view of such decision has erga omnes effect, since it aims to establish itself for society in general, and binding effect, which covers the Executive and the Judiciary.