Morte e vida das constituições: a ação direta de inconstitucionalidade por omissão e os desafios na concretização das normas de eficácia limitada na Constituição Federal de 1988

Abstract

This abstract provides a comprehensive analysis of the direct action of unconstitutionality due to omission as a legal instrument for enforcing limited effectiveness norms within the 1988 federal constitution. it explores the challenges inherent in this process and seeks alternative approaches to overcome them. ensuring the effectiveness of limited effectiveness norms in the 1988 federal constitution through the use of the direct action of unconstitutionality due to omission requires a delicate balance between judicial intervention and the preservation of the separation of powers. the central hypothesis argues that the realization of these norms must be approached with caution, avoiding excesses while respecting the democratic legitimacy of the legislative process. Furthermore, it emphasizes the importance of judicial action grounded in constitutional interpretation, institutional dialogue, and the appropriate use of the direct action of unconstitutionality due to omission to address legislative gaps. Thus, this research proposes that by reconciling political judicialization with judicial activism, it is possible to overcome the challenges in enforcing limited effectiveness norms, ensuring their viability without compromising the separation of powers and the constitutional normative force, thereby breathing life into the constitution. This study investigates the challenges in realizing limited effectiveness norms outlined in the 1988 federal constitution, utilizing the direct action of unconstitutionality due to omission as an analytical instrument, while considering the ongoing debate between political judicialization and judicial activism.