What is the procedure for the Action of Unconstitutionality by Omission? a) The relator, if necessary, will hear the Attorney General of the Republ...
What is the procedure for the Action of Unconstitutionality by Omission?
a) The relator, if necessary, will hear the Attorney General of the Republic within 3 days. In the judgment of the request for a precautionary measure, oral argument will be allowed to the legal representatives of the applicant and the authorities or bodies responsible for the unconstitutional omission. If the precautionary measure is granted, the Supreme Federal Court will publish the decision in a special section of the Official Gazette of the Union and the Justice Gazette of the Union within 10 days, requesting information from the authority or body responsible for the unconstitutional omission. If the omission is attributable to an administrative body, the measures must be taken within 30 days, or within a reasonable period to be exceptionally stipulated by the Court, taking into account the specific circumstances of the case and the public interest involved. The decision of the action of unconstitutionality by omission will be communicated to the competent authority for the adoption of the necessary measures.
b) The relator, if necessary, will hear the Attorney General of the Republic within 10 days. In the judgment of the request for a precautionary measure, oral argument will be allowed to the legal representatives of the applicant and the authorities or bodies responsible for the unconstitutional omission. If the precautionary measure is granted, the Supreme Federal Court will publish the decision in a special section of the Official Gazette of the Union and the Justice Gazette of the Union within 5 days, requesting information from the authority or body responsible for the unconstitutional omission. If the omission is attributable to an administrative body, the measures must be taken within 20 days, or within a reasonable period to be exceptionally stipulated by the Court, taking into account the specific circumstances of the case and the public interest involved. The decision of the action of unconstitutionality by omission will be communicated to the competent authority for the adoption of the necessary measures.
c) The relator, if necessary, will hear the Attorney General of the Republic within 5 days. In the judgment of the request for a precautionary measure, oral argument will be allowed to the legal representatives of the applicant and the authorities or bodies responsible for the unconstitutional omission. If the precautionary measure is granted, the Supreme Federal Court will publish the decision in a special section of the Official Gazette of the Union and the Justice Gazette of the Union within 10 days, requesting information from the authority or body responsible for the unconstitutional omission. If the omission is attributable to an administrative body, the measures must be taken within 30 days, or within a reasonable period to be exceptionally stipulated by the Court, taking into account the specific circumstances of the case and the public interest involved. The decision of the action of unconstitutionality by omission will be communicated to the competent authority for the adoption of the necessary measures.
d) The relator, if necessary, will hear the Attorney General of the Republic within 5 days. In the judgment of the request for a precautionary measure, oral argument will be allowed to the legal representatives of the applicant and the authorities or bodies responsible for the unconstitutional omission. If the precautionary measure is granted, the Supreme Federal Court will publish the decision in a special section of the Official Gazette of the Union and the Justice Gazette of the Union within 20 days, requesting information from the authority or body responsible for the unconstitutional omission. If the omission is attributable to an administrative body, the measures must be taken within 30 days, or within a reasonable period to be exceptionally stipulated by the Court, taking into account the specific circumstances of the case and the public interest involved. The decision of the action of unconstitutionality by omission will be communicated to the competent authority for the adoption of the necessary measures.
a) A
b) B
c) C
d) D
a) The relator, if necessary, will hear the Attorney General of the Republic within 3 days. In the judgment of the request for a precautionary measure, oral argument will be allowed to the legal representatives of the applicant and the authorities or bodies responsible for the unconstitutional omission. If the precautionary measure is granted, the Supreme Federal Court will publish the decision in a special section of the Official Gazette of the Union and the Justice Gazette of the Union within 10 days, requesting information from the authority or body responsible for the unconstitutional omission. If the omission is attributable to an administrative body, the measures must be taken within 30 days, or within a reasonable period to be exceptionally stipulated by the Court, taking into account the specific circumstances of the case and the public interest involved. The decision of the action of unconstitutionality by omission will be communicated to the competent authority for the adoption of the necessary measures.
b) The relator, if necessary, will hear the Attorney General of the Republic within 10 days. In the judgment of the request for a precautionary measure, oral argument will be allowed to the legal representatives of the applicant and the authorities or bodies responsible for the unconstitutional omission. If the precautionary measure is granted, the Supreme Federal Court will publish the decision in a special section of the Official Gazette of the Union and the Justice Gazette of the Union within 5 days, requesting information from the authority or body responsible for the unconstitutional omission. If the omission is attributable to an administrative body, the measures must be taken within 20 days, or within a reasonable period to be exceptionally stipulated by the Court, taking into account the specific circumstances of the case and the public interest involved. The decision of the action of unconstitutionality by omission will be communicated to the competent authority for the adoption of the necessary measures.
c) The relator, if necessary, will hear the Attorney General of the Republic within 5 days. In the judgment of the request for a precautionary measure, oral argument will be allowed to the legal representatives of the applicant and the authorities or bodies responsible for the unconstitutional omission. If the precautionary measure is granted, the Supreme Federal Court will publish the decision in a special section of the Official Gazette of the Union and the Justice Gazette of the Union within 10 days, requesting information from the authority or body responsible for the unconstitutional omission. If the omission is attributable to an administrative body, the measures must be taken within 30 days, or within a reasonable period to be exceptionally stipulated by the Court, taking into account the specific circumstances of the case and the public interest involved. The decision of the action of unconstitutionality by omission will be communicated to the competent authority for the adoption of the necessary measures.
d) The relator, if necessary, will hear the Attorney General of the Republic within 5 days. In the judgment of the request for a precautionary measure, oral argument will be allowed to the legal representatives of the applicant and the authorities or bodies responsible for the unconstitutional omission. If the precautionary measure is granted, the Supreme Federal Court will publish the decision in a special section of the Official Gazette of the Union and the Justice Gazette of the Union within 20 days, requesting information from the authority or body responsible for the unconstitutional omission. If the omission is attributable to an administrative body, the measures must be taken within 30 days, or within a reasonable period to be exceptionally stipulated by the Court, taking into account the specific circumstances of the case and the public interest involved. The decision of the action of unconstitutionality by omission will be communicated to the competent authority for the adoption of the necessary measures.
a) A
b) B
c) C
d) D
💡 1 Resposta
Ed 
A alternativa correta é a letra A. O relator, se necessário, ouvirá o Procurador-Geral da República em até 3 dias. No julgamento do pedido de medida cautelar, será permitida a sustentação oral dos representantes legais do requerente e das autoridades ou órgãos responsáveis pela omissão inconstitucional. Se a medida cautelar for concedida, o Supremo Tribunal Federal publicará a decisão em seção especial do Diário Oficial da União e do Diário da Justiça da União em até 10 dias, solicitando informações da autoridade ou órgão responsável pela omissão inconstitucional. Se a omissão for atribuível a um órgão administrativo, as medidas devem ser tomadas em até 30 dias, ou em um prazo razoável a ser excepcionalmente estipulado pelo Tribunal, levando em consideração as circunstâncias específicas do caso e o interesse público envolvido. A decisão da ação de inconstitucionalidade por omissão será comunicada à autoridade competente para a adoção das medidas necessárias.
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