Controle difuso de constitucionalidade: declaração incidental de inconstitucionalidade de lei ou ato normativo por meio de ação civil pública proposta pelo Ministério Público do Trabalho

Abstract

The proposal of this paper is to give a brief statement about the work carried out by the Public Labor Prosecution as a member of the Federal Public Prosecution in the defense of general, diffuse, collective, transindividual and homogeneous individual rights arising from the employment relationship protected by the Brazilian Federal Constitution, to analyze the main aspects of public civil actions and, mainly, to explore one of the most controversial aspects related to the subject, which is, the possibility of effecting the diffuse/incidental control of constitutionality of laws and normative acts through the said action, considering its specific characteristics. It is also important to explain the effectiveness and the comprehensiveness of this control when the public civil action is used as an instrument of constitutionality control. The fact is that by the extension of its object, there are intense debates about the possibility or not of using the public civil action as an instrument of constitutionality control, and the proposal of this work is precisely its possibility, considering the interests sought and defended by the Public Labor Prosecution