ECOMPARATIVE LEGAL STUDY OF THE JUDICIAL SYSTEM FOR DECLARING CONSTITUTIONALITY: BRAZIL AND GERMANY: CONSTITUTIONAL JURISDICTION BODIES, CONSTITUTIONAL ACTIONS, DECISION TYPOLOGY, AND EFFECTS OF THE DECISION.

• DOI: https://doi.org/10.22533/at.ed.515752606036

• Palavras-chave: Constitutional review. Constitutional jurisdiction. Comparative law. Legal certainty. Constitutional supremacy.

• Keywords: Constitutional review. Constitutional jurisdiction. Comparative law. Legal certainty. Constitutional supremacy.

• Abstract:

  The main objective of this study is to conduct a mesocomparative analysis between the judicial systems of constitutionality declaration existing in Brazil and Germany. The research explored the legal-positive aspects of each legal system, as well as the structural and cultural differences that shape their respective constitutional jurisdictions. It highlighted the role of the Federal Supreme Court (STF) as the body responsible for constitutionality control in Brazil, inspired by the American model, and the role of the German Federal Constitutional Court (Bundesverfassungsgericht), whose segmented structure reflects influences from the Austrian model. The characteristics of constitutional jurisdiction bodies, the constitutional actions available, the decision-making typology employed, and the effects of the decisions rendered were addressed. Finally, it was identified that, while Brazil emphasizes the elimination of unconstitutional norms with retroactive effects to restore constitutional order, Germany prioritizes legal certainty, using prospective effects and mechanisms that allow for progressive legislative adjustments.