Analysis of material requirement of judicial controversy in place of Declaratory Action of Constitutionality

Abstract

The purpose is, with this, make a brief analysis of the criterion adopted by the Supreme Court to define the requirement of the relevant judicial controversy thirst for Declaratory Action of Constitutionality, which as a condition of admissibility before the Supreme Court, this Court creates conflicting debates. Upon examination of the Constitutional Jurisdiction and the democratic legitimacy of the Supreme Court and also the nature of the decisions of this Court as a factor of uncertainty of this requirement is intended to demonstrate the destructiveness of using procedural legitimacy as the mainstay activity of STF. Consigning is, given the nature of its decisions, the opening of this Constitutional Jurisdiction, as unbreakable guardian of the Constitution.