Abstract

GUIMARAES, Isaac Sabbá. CONTROL OF CONSTITUTIONALITY AND THE PARADOX OF JUDICIARY CREATION: APPROACHES TO THE CONSTITUTIONAL PROBLEM OF THE NEW POSITIVISM IN THE FRAMEWORK OF THE BRAZILIAN CRIMINAL POLICY. Revista Internacional CONSINTER de Direito [online]. 2019, n.9, pp.317-334.  Epub Dec 18, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00009.17.

This article has as central concern the growth of the participation of the judiciary in the Brazilian criminal policy that, even carried out for the purpose of making the constitutionality control of criminal and criminal procedural rules, has paradoxically generated unconstitutionalities. Thus, the problem proposed here can be expressed by the following question: does the criminal policy developed by judges, in the sphere of the control of the constitutionality of criminal and criminal procedural rules, find material justification? The objective pursued is the demonstration that this new model of positivism calls into question some of the support pillars of the Constitution. To deal with the problem, the inductive method will be used.

Keywords : Constitutionality control; New positivismo; Unconstitutional decisions.

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