CONTROL OF CONSTITUTIONALITY AND PROVISIONAL MEASURES: AN ANALYSIS OF THE CONTROL OF THE CRITERIA OF URGENCY AND RELEVANCE OF PROVISIONAL MEASURES BY THE FEDERAL SUPREME COURT

Abstract

The aim of this article is to analyze how the jurisprudence of the Federal Supreme Court controlled the criteria of discretion of the Executive power for the weighting of the necessary assumptions for the edition of provisional measures. The mechanism used by the Supreme Court to exercise its constitutional guarantee is the constitutionality control, which is an instrument that aims to guarantee constitutional sovereignty, through its Direct Actions of Unconstitutionality (ADI). The provisional measure, in turn, can be characterized as an administrative act with the force of law, since it comes from the Executive Branch. The Federal Constitution, exceptionally, conferred on the Executive power, in cases of urgency and relevance, the issuing of provisional measures, which, after entering into force, may or may not be converted into law, depending on the National Congress, within the period established in Article 62. of the Constitution. Control under the assessment of the assumptions of relevance and urgency by the highest body of the Brazilian judiciary will be the central theme of this article.