Desconstruindo o dogma da nulidade na fiscalização concreta de constitucionalidade no Brasil : um diálogo com a doutrina portuguesa sobre a titularidade do poder para excepcionar a regra da privação de eficácia das decisões positivas de inconstitucionalidade

TL;DRAbstract

This work adds efforts to recent doctrinal considerations relating to the demystification of socalled nullity of the unconstitutional law dogma in Brazil. The research aims to address the issue proposed in a side not explored by our national doctrine: diffuse judicial review. Under this part, would be faced the possibility of overcoming what is meant by the privation of effectiveness rule of positive decisions of unconstitutionality. Due to understand the positive response, it will advance in the analysis of which courts haves this true power and duty to overcoming what is meant by the privation of effectiveness rule. With a view to specialize the study and considering the enormous affinity between the constitutionality control in Brazil and in Portugal, we opted for a methodological approach that would allow a reflective analysis of the subject proposal in the light of the discussions between the main Portuguese authors, celing teachings Rui Medeiros and Carlos Blanco de Morais, witho

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