As nuances do controle de constitucionalidade nos entes municipais com ênfase nas disposições jurisprudenciais

Abstract

The present work aims to study the nuances of judicial review in municipal entities, defi ning its parameters and emphasizing especially the jurisprudential constructions. For this purpose, the descriptive method was used, supported by research articles, bibliographical research of doctrinal works in jurisprudence of the Superior Courts, as well as materials available on the internet. These documents were then read and, through the results obtained, a broad, critical and refl ective discussion was carried out, which culminated in the general conclusion that the concentrated judicial review is applicable to municipal norms, but not fully, a since it has limited parameters. As a rule, the said control is carried out using the norms present in the State Constitution as a parameter, through the local Court of Justice, through the initiative of legitimate parties also provided for in the State Charter. Thus, only in the face of norms of mandatory reproduction is the Federal Constitution used as a parameter, for the purpose of controlling municipal constitutionality, avoiding confl icting decisions with the supreme norm of the Brazilian legal system. In this sense, it is important to highlight that this possibility arose from jurisprudential constructions, not being expressly provided for by law. In addition, despite the existence of doctrinal divergence, the impossibility of concentrated control of constitutionality using Municipal Organic Laws as a parameter has been demonstrated. That said, given municipal regulations that violate it, it should be restricted to legality control.