Bloco de constitucionalidade e devido processo legislativo: conveniência do Congresso Nacional e omissão do Supremo Tribunal Federal

Abstract

The present article aims to analyze the applicability of the concept of the constitutional block in Brazilian law, particularly in the legislative process. The constitutional text is succinct regarding legislative procedural matters, which has led to the development of codes that complement the Federal Constitution, as long as their substantive meaning is preserved. However, in practice, it has been observed that the provisions contained in such regulations are not being adhered to, which may compromise the due legislative process and prompt questions about their constitutionality. The Supreme Federal Court, when called upon to express its opinion on incidents related to this matter, remained inert, understanding that compliance with the provisions of the Internal Rules was a mere internal affair of the Legislative Houses. This work draws on the teachings of Gustavo Binenbojm and Hans Kelsen, among other authors, for its theoretical foundation. The qualitative and bibliographic research, with a descriptive critical-reflexive, relies on legal, doctrinal, and jurisprudential sources, with an emphasis on the jurisprudence of the Supreme Federal Court to highlight the presented themes. It is concluded that the Internal Rules are recognized as representations of the substantive meaning of the Federal Constitution. The non-observance of these norms indicates a lack of commitment to the due legislative process, necessitating active involvement from the branches of government to preserve the substantive meaning of the constitutional text.