O contraditório no processo legislativo

• Ano de defesa: 2007
• Autor(a) principal: Coimbra, Joel Geraldo
• Orientador(a): Pugliesi, Marcio
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Processo legislativo; Poder legislativo > Brasil; Direito processual > Brasil
• Palavras-chave em Inglês: Legislative process
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/7387

The legislative process is species of the ample sort of the procedural law destined to the legislative production, thus understood the creation, modification or revocation of the legislative acts. It is developed in accord with the rules shaped in the legal system, finding its bedding in the Constitution, which defines the normative species, the procedures and the charged agencies of the legislation. Soon, the constitutionality direction understands the conformity of all the acts of the legislative process with the norms and the principles consecrated in the Constitution. The legislative process has in the principle of the contradictory its main vector. Corollary of due process of law, understands essentially the right of participation of the interested parties in the formation of the state provisions, in the judiciary sphere (judicial proceeding), in the administrative one (administrative proceeding) and in the legislative one (legislative process). It implies the conduction dialectic of the process in same conditions, of luck that is assured to all conditions effective of participation for manifestation of its interests. The contradictory notion, in the legislative process, understands the existence of conditions to assure the correspondence all enters the will revealed for the legislator and the general will of the members of the society, implying ample participation in the process of formation of the law. It is characterized initially for the direct election of the members of the legislative houses, happened from there the legitimacy of the representation, with the possibility of participation of elect in all the acts of the legislative process, as condition of its validity. Parallel, the direct participation of the interested parties is assured by means of diverse mechanisms, such as legislative initiative by a non member parliament, in some cases the plebiscite and the countersignature, mechanisms of judicial control of constitutionality, as well as the direct participation, either in the accompaniment of the process of quarrel, emendations and voting, either in the together intervention to them parliamentarians. It is treated, therefore, of fabulous mechanism to assure the preservation of the democratic order and the harmony in the social living