| Resumo: |
The unconstitutional state of affairs, a technique recently added to the list of decisions of the Brazilian constitutional jurisdiction, caused a great furor in the Brazilian legal academy and, in light of this, a flood of criticism was made to the institute. The precautionary decision in ADPF 347/DF declaring ICE in the Brazilian prison system – more recently the decision on the merits confirmed the precautionary measure – and the decisions that declared ICE in the environmental system (ADPF 760/DF) and in the situation of homeless people – ADPF 976/DF, established an indisputable point, the ICE was incorporated into the list of decisions of the Brazilian constitutional jurisdiction and will be increasingly used. Therefore, although the ECI has already been declared on three occasions, this does not mean that its incorporation into Brazilian Law must be carried out uncritically, therefore, the research object of this dissertation is to answer the following question: Is it admissible in the jurisdiction Brazilian constitutional declaration of the state of affairs unconstitutional? and, if the answer is yes: Is there a correct constitutional-procedural paradigm for your statement? That said, to answer the questions of this dissertation, it is therefore necessary to understand what, in fact, the decision-making technique of declaring the state of affairs unconstitutional consists of, starting from its origin, contextualization, concepts, foundations, requirements, compared, paradigm of application and critical analysis, therefore, the paradoxical complexities of contemporary society must be absorbed by the law which, in the end – in view of its Constitutional duty – must resolve such a chaotic state of affairs, considering that the Republic of Brazil lives in a democratic constitutional State governed by the rule of law and the normative force of the Constitution must be granted to everyone who is under its gravitational field |
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