O CONTROLE DE CONSTITUCIONALIDADE DAS LEIS NA FRANÇA: UMA LACUNA NO ENSINO JURÍDICO NO BRASIL?

Detalhes bibliográficos
Ano de defesa: 2019
Autor(a) principal: Locateli, José Henrique Pires
Orientador(a): Zanella, Diego Carlos
Banca de defesa: Ghidolin, Clodoveo, Alves, Marcos Alexandre
Tipo de documento: Dissertação
Tipo de acesso: Acesso aberto
Idioma: por
Instituição de defesa: Universidade Franciscana
Programa de Pós-Graduação: Mestrado Acadêmico em Ensino de Humanidades e Linguagens
Departamento: Ensino de Humanidades e Linguagens
País: Brasil
Palavras-chave em Português:
Palavras-chave em Inglês:
Área do conhecimento CNPq:
Link de acesso: http://www.tede.universidadefranciscana.edu.br:8080/handle/UFN-BDTD/802
Resumo: The purpose of this research work is to understand the constitutionality control mechanisms of the law used in Brazil and France, analyzing their origins and evolutions, establishing a comparative framework between the systems, analyzing the advantages and disadvantages of each one and evaluating the necessity to include the French system in the curriculum of law courses in Brazilian legal education. Regarding the methodological aspects, the historical, evolutionary and comparative methods were used, addressing the origin and evolution of each legal institute analyzed, as well as drawing a comparative table with the advantages and disadvantages of each system used to control the constitutionality of laws. In chapter I an analysis of how the ideas of Separation of Powers of the State and Control of Constitutionality of Laws were implemented and implemented. In Chapter II, an analysis was made about each of the main models adopted for the control of the constitutionality of laws. In Chapter III, the Brazilian system was approached, from the Empire's Constitution, in 1824, to the present day. Chapter IV has studied legal education and the impact that education in general, and legal education in particular, has suffered as a result of globalization and the advent of new technologies. In Chapter V the legal education in Brazil was addressed, highlighting the teaching of the control of constitutionality of the laws. In the final considerations, we seek to justify the inclusion of the study of the control system adopted by France in the curricular programs of the discipline of Constitutional Law in law courses.