The constitutional principle of supremacy and the unconstitutionality: a reading on the constitutional order of 1988 as a determinative of parameter for a constitutionality control

Abstract

It is aimed, in this article, to perform a reading on the phenomenon of unconstitutionality as an offense to the supremacy of the Constitution that beyond being considered a warranty, nowadays, demands its own warranty. For this reason, it is concerned, specifically about the parameter of the constitutionality through which a possible offense towards the Constitution is identified. In other words, it is the objective in this study, to bring into reflection, even if in an uncertain scenario – therefore based on teachings already consolidated –, the problem in pointing out what is the parameter to control the constitutionality, not only in face of the Federal Constitution text of 1988, but also in face of the constitutional order brought by it. Hence, it is necessary, for the interpreter, the use of the available means beforehand to enable the due control and the due checking of the compatibility between the infra constitutionality acts and the Highest Law commands.