Unconstitutionality for corruption, detour of legislative purpose and constitutional fraud

Abstract

This present study analyzes the phenomenon of corruption, from its concept, its types and the history of corruption in Brazil. Next, we walk about the institute of constitutional jurisdiction as a protective instrument of the Constitution. Based on the principles of republicanism, citizenship, morality, probity and parliamentary decorum, it is proposed that the judiciary can assess the purposes of the legislator in the creation of normative acts when the act is inquinado of serious vice, due to constitutional jurisdiction. The use of the legislative process with a purpose based on an act of corruption, bribery, fraud, among other illegal acts, vulnerable the cause that legitimizes parliamentary action in the legal system, resulting in the deviation of legislative purpose and constitutional fraud, which is called unconstitutionality by corrupt. Thus, it is suggested the declaration of unconstitutionality of norms of this nature by the Judiciary.