The adherence to the Federal Constitution as a foundation for more effective legislative production and reduced susceptibility to constitutionality controls

Abstract

This article addresses the unconstitutionality of Brazilian laws, examining the causes that lead legislators to produce a significant quantity of laws declared unconstitutional and the resulting effects on society, particularly legal uncertainty. The declaration of unconstitutionality by the Judiciary can have severe consequences for the effectiveness of citizens’ rights,
impacting the efficiency and credibility of legislative actions. In this context, the dynamics of the separation of powers in Brazil appear to show critical signs of dysfunction, reaching alarming levels with the high rate of norms deemed unconstitutional by the Federal Supreme Court. Accordingly, this study aims to broaden the debate on this issue, without intending to exhaust
all possible causes of legislative unconstitutionality in Brazil.