The presumption of constitutionality in Brazil

• Grant number: 17/07907-2
• Support Opportunities: Scholarships in Brazil - Master
• Effective date (Start): August 01, 2017
• Effective date (End): October 31, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: José Levi Mello do Amaral Júnior
• Grantee: Nicola Tommasini
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The present research project proposes a systematic study of the presumption of constitutionality, understood as a technique of judicial self-restraint. Following an IC research project financed by the Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP), it intends to study this mechanism - understood initially as a instrument of restraint - in such a way as to comprehend its role in the Brazilian constitutional system. In this way, it intends to study: (i) the origin of the mechanism and how it came to be accepted in Brazil, i.e., if the differences between systems were observed; (ii) a definition - surprisingly inexistent in Brazilian Constitutional doctrine - of the technique, considering Constitutional Brazilian law and the technical meaning of "presumption" and "constitutionality"; (iii) the effects of the presumption of constitutionality, exploring consequences that have been suggested by doctrine but have never been explored; (iv) the legal basis for the presumption of constitutionality from the Brazilian Constitutional and judicial practice. (AU)

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

TOMMASINI, Nicola. The presumption of constitutionality and unconstitutionality of Laws. 2018. Master's Dissertation - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.