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Português

Abstract

This article analyzes the fundamental concept of action in order to identify the real constitutional sense of the Claim Of Non-Compliance With a Fundamental Precept, and in comparison with the Constitution's own norm, given that its doctrinal evaluation is almost always based only on Law 9.882/99, which it is seen as the creator of a kind of concentrated control of constitutionality. It Identifies another way of legislative blocking beyond that it was showed by Rosalind Dixon in this periodical in her study about “the core case for weak-form judicial review”. The paper argues that the constitutional norm has brought, in truth, an important and innovative fundamental guarantee, in order to enrich constitutional jurisdiction as an instrument of participatory democracy but it was blocked by its legislative regulation. In this case, it demands the changing in the law or the strong-form of judicial review by the constitutional court.