A desoneração da Administração Pública quanto ao cumprimento de leis inconstitucionais

Abstract

This work was themed a study of the behavior of the Executive Power while against laws unconstitutional that are imposed. It sought to justify that the negative pronouncement by the Chief Executive to comply with standards that enforce him, it isn’t only a power but a duty that reigns it by force of the responsibility of safeguarding the Federal Constitution, in the effort of the preservation of principles that harmonize in defense of hierarchy and legality of standards. As has been demonstrated the winner doctrine, these actions (or omissions) issued by the Administrator that is rooted in the history of Public Administration, are not obviously foolish claims, on the contrary, they are triumphing in positioning of our country courts, maintaining preserved the harmony and independence of Powers which, in common, they go to the preservation of constitutional commandments in a Democratic State of Law. However, this interpretation of the law and the right to deny to the fulfilment of standards unconstitutional that imposes upon the Public Administrator can't be released, under penalty to uproot its most basic foundation. For both, constraints are willing to the Executive Power, including the submission of their acts to the Judiciary, to whom it is incumbent upon the abstract control of constitutionality. It is evident, therefore, the real and legitimate posture that is expected of a Public Manager, duty of loyalty to the order and the sovereignty of the Federal Constitution.