There are constitutional rules devoid of sanction?

Authors

  • Luis Fernando Sgarbossa Faculdades SECAL (Ponta Grossa - PR)
  • Geziela Iensue Faculdades SECAL (Ponta Grossa - PR)

DOI:

https://doi.org/10.5433/1980-511X.2014v9n1p163

Keywords:

Constitutional norms, Unconstitutional laws, Generic sanction

Abstract

This article explores the issue of the presence or absence of constitutional rules deprived of sanctions and how sanctions impact the effectiveness of constitutional norms and even the conception of their normative power. After brief references to the controversy between sanctionists and non-sanctionists it righlights the distinction between text and norm. It maintains, in the end, the existence of a generic sanction of constitutional norms, consisting in the invalidity derived from the unconstitutionality of the infra-constitutional norms that do not comply with the Constitution, refusing the possibility of constitutional norms devoid of sanction.

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Author Biographies

Luis Fernando Sgarbossa, Faculdades SECAL (Ponta Grossa - PR)

Doctor and Master of Law from the UFPR. Professor and Chair of Law Course of SECAL Colleges ( Ponta Grossa - PR) . Professor graduate of the School of Magistrates of Paraná - EMAP ( Ponta Grossa - PR ), the Brazilian Academy of Constitutional Law - ABDConst ( Curitiba - PR) and the Institute of Constitutional Law and Citizenship - IDCC ( Londrina ) .

Geziela Iensue, Faculdades SECAL (Ponta Grossa - PR)

Doctorate Student in law from the UFPR. Master of Social Sciences by UEPG . Adjunct Professor and Course Coordinator of Law Course of SECAL Colleges .

Published

2014-04-30

How to Cite

Sgarbossa, L. F., & Iensue, G. (2014). There are constitutional rules devoid of sanction?. Revista Do Direito Público, 9(1), 163–178. https://doi.org/10.5433/1980-511X.2014v9n1p163

Issue

Section

Artigos