O CONTROLE DE CONSTITUCIONALIDADE NO ÂMBITO DO TRIBUNAL DE JUSTIÇA DO ESTADO DO CEARÁ E A (IM)POSSIBILIDADE DE MODULAÇÃO DOS EFEITOS DA DECISÃO

Abstract

Although the modulation of the effects of the Brazilian judicial review has no constitutional provision, it was introduced by article 27 of Law nº 9.868/99. The Federal Supreme Court has handled this mechanism with courage and dexterity, but the same does not occur in the scope of the state courts, which also have competence to control the constitutionality of laws in the light of the state Constitution. The present work addresses the use of modulation of the effects of the decision taken in actions to control the constitutionality of municipal and state legislation in the Jurisprudence of the Court of Justice of the State of Ceará. The paper reviews the history of judicial review in Brazil, focusing on the underlying reality in which the types of control of legislation sprouted. It presents the theme proposed in the research, the modulation of the effects of the decision, its purpose, and which body is responsible for its application. Finally, it analyzes decisions of the Court of Justice of the State of Ceará, both in direct actions of constitutionality (concentrated control) and in incidents of accusation of unconstitutionality (diffuse control). It concludes that the Alencarian Court has not yet defined in a way rigorous, in theoretical terms, the theme of the temporal modulation of the effects of its decisions pronounced in judicial review lawsuits.