Declared unconstitutional office: Advantages and disadvantages

Abstract

The text an introduction that gives way to benefits - arguments to justify the constitucionality of office, the priority of the rules, the principle “iura novit curia”, the inconveniences generated inside the procedural system as a result control constitutional office, the existence of contradictory and challenging part, and the presumption of legitimacy of the rules. Next, the consider the figure of broad discussion and specific rupture with the balance and separation of powers, and finally our view of problem, it is automatically constitutional control and consistency to the desing prescribed by the Constitution, and there, equality, fariness and certainty in legal relations, to conclude the constitutional vs control duty of impartiality of judges as constitutional guarantee, the limitation of the powers of the judge as guarantee for the citizen, and the inapplicability of the aphorism “iura novit curia” in existing guarantor of procedural model.