9- DIREITO CONSTITUCIONAL - EFICÁCIA E APLICABILIDADE DAS NORMAS CONSTITUCIONAIS

Summary

This video explains the classifications of constitutional norms in Brazil, focusing on their effectiveness and applicability. It covers three types of norms: 'full effectiveness norms' that are immediately applicable and self-executing, 'restricted effectiveness norms' which can be limited by other laws, and 'limited effectiveness norms' that require additional legislation for full implementation. Examples from the Brazilian Constitution, such as the separation of powers and the right to health, are provided to illustrate each classification. The video offers a comprehensive overview to help viewers understand the complexities of constitutional norms in legal studies.

Takeaways

• 😀 Full efficacy constitutional norms (Normas de Eficácia Plena) are directly applicable, immediate, and integral, meaning they take effect right away and don't need regulatory laws.
• 😀 Examples of full efficacy norms include the division of powers in Brazil (Article 2) and the protection of individuals from torture (Article 5, Section I).
• 😀 Contained efficacy norms (Normas de Eficácia Contida) are also direct and immediate but may have their effects limited by infraconstitutional laws.
• 😀 An example of a contained efficacy norm is Article 5, Section XIII, which guarantees the right to work but allows the law to set qualifications (e.g., the OAB exam for lawyers).
• 😀 Limited efficacy norms (Normas de Eficácia Limitada) are indirect, deferred, and require infraconstitutional laws to become fully effective.
• 😀 Norms with limited efficacy include both institutional or organizational principles and programmatic principles.
• 😀 Institutional or organizational norms establish frameworks for institutions but require additional laws for full implementation, such as Article 25, Paragraph 3, which allows states to create metropolitan regions.
• 😀 Programmatic principles (e.g., Article 196) lay out social goals, like the right to health, which must be implemented through public policies.
• 😀 The application of constitutional norms is crucial for understanding their role in shaping legal and institutional frameworks in Brazil.
• 😀 The classification of constitutional norms into full, contained, and limited efficacy helps determine how they are applied and what additional laws or actions may be needed.

Q & A

What is the main topic of the lecture?

The main topic of the lecture is the efficacy and applicability of constitutional norms in Brazilian law, focusing on their classifications into norms of full efficacy, contained efficacy, and limited efficacy.

What does 'norms of full efficacy' mean?

'Norms of full efficacy' are constitutional norms that are self-applicable, meaning they take effect immediately upon promulgation without needing any further regulation. They produce all of their effects and cannot be limited by other laws.

Can you give an example of a norm of full efficacy?

Yes, **Article 2** of the Brazilian Federal Constitution, which establishes the separation of powers (legislative, executive, judiciary), is an example. This norm is self-applicable and effective immediately upon promulgation.

What is the meaning of 'contained efficacy' in constitutional norms?

Norms of 'contained efficacy' are self-applicable and take effect immediately, but their effects can be restricted by infraconstitutional laws, meaning their full application may depend on other laws passed by the legislature.

Can you explain the example of contained efficacy with the right to work?

Article 5, item XIII of the Federal Constitution guarantees the freedom to work, but with limitations, such as the need for professional qualifications. This is an example of contained efficacy, as the right can be restricted by infraconstitutional laws, such as the OAB Statute requiring law exams to practice as an attorney.

What are norms of limited efficacy?

Norms of limited efficacy have indirect applicability, meaning they do not produce all of their effects upon promulgation. They require the creation of additional infraconstitutional laws to be fully implemented.

How are norms of limited efficacy divided?

Norms of limited efficacy are divided into two types: 'organizational principles' and 'programmatic principles'. Organizational principles set out general frameworks for institutions, while programmatic principles establish goals for the state to implement.

What is an example of a norm with organizational principles?

An example is **Article 25, paragraph 3** of the Brazilian Federal Constitution, which allows states to create metropolitan regions, urban agglomerations, and microregions through complementary laws.

What is an example of a norm with programmatic principles?

An example is **Article 196** of the Brazilian Federal Constitution, which guarantees the right to health and requires the state to implement programs and actions to fulfill this right.

Why is it important to understand the classifications of constitutional norms?

Understanding the classifications of constitutional norms helps legal professionals and students determine the scope and application of specific norms in real-world scenarios, especially in legal exams like the OAB or public service contests. It also helps clarify how laws can be applied and regulated.