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Objectives: The constitutional powers of the National Council of Justice challenge a constitutionally appropriate interpretation of its functions and constitutional consequences. This article analyzes the incidental control of constitutionality of administrative acts by such Council, based on article 37 of the Constitution of 1988, with the possibility to decline application of the law interpreted as unconstitutional. Methodology: The methodology used in this study is phenomenological-hermeneutic with literature review and analysis of the jurisprudence of the National Council of Justice and the Federal Supreme Court. Results: The thesis sustained in this paper states that the control of constitutionality of laws by administrative bodies loses relevance with the adoption of a robust system of judicial review in incidental and abstract forms, as currently observed in Brazil. On Revista Jurídica vol. 04, n°. 57, Curitiba, 2019. pp. 221 248  Revista Jurídica Unicuritiba. Curitiba.V.04, n.57, p.221-248, Out-Dez. 2019 [Received/Recebido: Agosto 25, 2018; Accepted/Aceito: Agosto 03, 2019] Este obra está licenciado com uma Licença Creative Commons Atribuição-NãoComercial 4.0 Internacional. the other hand, exceptionally, due to the powers of article 103-B, I and II of § 4 of the Federal Constitution, the National Council of Justice may carry out judicial review by administrative bodies, having as its control parameter especially article 37 of Federal Constitution, but with limitations and due deference to the precedents of the Federal Supreme Court to apply the constitutional principles of government and to resolve the conflict between constitutional norms. Contributions: The study mentions the peculiarities of the National Council of Justice (instituted by Constitutional Amendment No. 45/2004) that are of special interest to analyze its institutional design and its place in rule of law, discussing the possibility of judicial review of administrative acts by the National Council of Justice with the nonapplication of laws not yet declared unconstitutional by the Courts.

revista jurídica

JUDICIAL REVIEW OF LEGISLATION BY ADMINISTRATIVE BODIES AND NATIONAL COUNCIL OF JUSTICE: LIMITS AND POSSIBILITIES IN DIALOGUE WITH CONSTITUTIONAL JURISDICTION