Judiciary Power Sentence

It is what it is demanded so that the calmness reigns between the litigant parts. Therefore it is that the adjudica law to the sentence the quality of law between the parties to lawsuit, is what authority is called the considered thing. In the reality, however, when instituting the judged thing, the legislator does not have no concern of ahead valorar the sentence of the facts or the rights. To-somente it to-somente impels it a requirement of practical, almost banal order, but imperious, of more not allowing that if it comes back to argue concerning the sovereign determined questions already for the Judiciary Power. But the concern of security in the legal relationships and peace in the social convivncia is that they explain the reverse speeds idicatta. 4 When forming law enters the parts the sentence also is subjects to a control of its constitutionality, as well as any act of any power.

2 the unconstitutional considered thing Although to be a recent phenomenon, the constitucionalizao of the Right is not nothing beyond the certain route of the legal communication, what it could have well been institutionalized in our country before any another code that explained such interpretativa form under the light of the constitution. By being the greater and main source of the legal and social interpretation, all and any act that is contrary with the principles, rules and constitutional ruleses it must be expurgado of the legal scope, is not different with the judicial sentence. The thing judged unconstitutional it must be considered that such unconstitutionality is refernte to the sentence, that is, what the considered thing makes is to tie this order. In truth, in truth it has that to say itself in one ' ' sentence inconstitucional' ' with authority of considered thing. 5 the term ' ' inconstitucionalidade' ' sensu is applied latu, where it is irreconcilable act and constitutional rules.

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