O abuso de direito pelo estado: análise do julgamento da ação direta de inconstitucionalidade nº 5881-df
International Journal of Development Research
O abuso de direito pelo estado: análise do julgamento da ação direta de inconstitucionalidade nº 5881-df
Received 10th December, 2020 Received in revised form 15th December, 2020 Accepted 22nd January, 2021 Published online 24th February, 2021
Copyright © 2021, Elon Kaleb Ribas Volpi and Kelly Cardosoand Miriam Fecchio Chueiri. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
The subject presented analyzes the decision of Supreme Court on Direct Action of Unconstitutionality 5881. The lawsuit, filed by the Brazilian Socialist Party, seeked the declaration of incompatibilityof the amendment made by Law 13.606 of January 9, 2018, in the part in which it inserted articles 20-B, § 3, item II, and 20-E of Law 10.522. In summary, the ADI's initial ruling alleges a violation of the reservation of a complementary law, as a vice of formal unconstitutionality. Also indicates as material vices affront it to due process of law and reserve of jurisdiction, disrespect to the adversary proceedings and ample defense, violation of the right of property and offense to free initiative and isonomy. The methodology will start from the examination of the doctrine and jurisprudence of the Federal Supreme Court in similar cases, under the prism of the principle of proportionality, analysing the court´s decision.
