O controle de constitucionalidade exercido pelo Tribunal de Contas e a possível usurpação de competência do Supremo Tribunal Federal.

Abstract

The current monograph aims at analyzing whether the Court of Auditors, in thesis can perform the constitutionality control (normative acts and laws), or if it is only the acts of the public power (non-normative acts), thus, based on the statement of STF 347 Summary, which claims that: "The Court of Auditors, in the exercise of its attributions, may assess the constitutionality of laws and acts of public power." Therefore it's questioned what can be an object of constitutionality control on the organ account's part? Analyzing, at it this way, if that's a form of confrontation and implies an usurpation of competence of the Supreme Federal Court's role as Guardian of the Constitution in the exercise of constitutionality control. The current research in accordance with its actuality and relevance finds it justifying itself, because there’s only sparse manifestations about the topic. This way, a study will be made on the brazilian order’s constitutionality control, with a look at the peculiarities of the diffused control. Soon after examining the brazilian law’s auditor court, a study based off its functions and legal nature. At last, discussing the possibility of constitutionality control by the Court of Auditors, according to the Supreme Federal Court’s understanding, the Superior Court of Justice and the Court of Justice of Rio Grande do Sul, The present work, based on hypothetical-deductive methods, concludes that that there are different ways of perceiving the content of Precedent 347, as well as in doctrine as well as jurisprudence.