Direct Action for Unconstitutionality by Omission (ADO): In Generality

Giselle Feliz Santiago; Olavo Bilac Quaresma de Oliveira Filho

Direct Action for Unconstitutionality by Omission (ADO): In Generality

( Vol-9,Issue-7,July 2022 ) OPEN ACCESS

Author(s):

Giselle Feliz Santiago, Olavo Bilac Quaresma de Oliveira Filho

Keywords:

ADO, Unconstitutionality, Omission, Mandatory, Normative Effect.

Abstract:

The article deals with unconstitutionality by omission within a generalist perspective, in the light of the most recent legal doctrines and analyses. Discussions that deal with the appropriateness of a writ of mandamus and the problematization with the lack of legal homogeneity in Brazil in these cases are observed here, especially about doctrinal conflicts. The actions and problems related to the ordinary effects in the ADO are debated within the recent doctrine, based on the understandings presented by the scholars, legislators, and the Superior Courts.

Article Info:

Received: 15 Jun 2022, Received in revised form: 09 Jul 2022, Accepted: 16 July 2022, Available online: 24 July 2022