Industry on guard against abuses

The aim of CNI action in the sphere of the judicial branch is to safeguard the supremacy of the Federal Constitution in regard to laws, regulatory acts and all other acts stemming from the Public Sphere that have direct repercussions on the interests of industry. To that end the entity elaborates and files in the courts, Direct Actions of Unconstitutionality (ADIs), Direct Actions of Constitutionality (ADCs), and Actions of Non-compliance with Fundamental Precepts (ADPFs). It also has the prerogative of proposing the editing, revision or canceling of binding court decisions.

As a union confederation representing Brazilian industry, CNI is one of the few bodies or entities that are legitimately entitled to file legal actions before the Federal Supreme Court. The possibility of filing ADPFs is guaranteed under Law Nº 9.882/1999 and the right to petition for amending, reviewing or canceling binding decisions stemming from Law Nº 11.417/2006.

Legal decisions handed down by the Federal Supreme Court have a binding effect whenever CNI files an ADI, ADC or ADPF, or proposes amendments to a binding decision, whether by editing it, reviewing or canceling it. This means that no other body within the spheres of the Judicial branch or Public Administration is empowered to make decisions on the same issue that differ from it.

Such decisions encompass all industries, unions, associations and federations, as well as society at large. It is also worthwhile pointing out that the effects of such Supreme Court decisions are usually retroactive to the moment of creation of the law or act in question with the exception of those concerning binding decisions.

Understand a little about the legal actions proposed by CNI on behalf of the Brazilian industry:

Direct Action of Constitutionality - ADC

The purpose of an ADC is to reaffirm the validity of a certain law or regulatory act in regard to its compliance with the Constitution, thereby removing eventual doubts as to its applicability that might lead to a situation of legal uncertainty. By declaring the constitutionality of an act or law, the Supreme Court formally confirms that it is in accordance with the Constitution of 1988.

In the case of ADIs, CNI questions the constitutionality of a federal or state regulatory act or law. By deciding that an ADI is justified, the Supreme Court declares the unconstitutionality of the said law or act and consequently, its definitive removal from the legal system in force.
 
Accompany the ADIs that are presently under court review:

Action for Non-compliance with Fundamental Precepts - ADPF

In making use of an ADPF, CNI seeks to ensure compliance with fundamental precepts, i.e., fundamental rights and principles foreseen under the terms of the Constitution. An ADPF is applicable for the purposes of avoiding or compensating damages inflicted by a Public Authority. It is further applicable when it concerns a principle involved in a constitutional controversy surrounding a federal, state or municipal law or normative act. ADPFs are also brought in order to question laws and acts dating back from periods prior to the 1988 Constitution.

ADPFs are used when the use of ADIs and ADCs is inappropriate. The main cases of their use occur when the law or act in question is municipal or dates back to before the present Constitution.

The effects of decisions handed down on ADPFs extend to society as a whole and are binding on all other bodies of the legal system and Public Administration system, the only exception being the Federal Supreme Court itself.

Binding Decision

CNI may suggest STF to consolidate an understanding on a certain constitutional issue related to the validity, interpretation or efficacy of a certain normative act under discussion in the various spheres of the courts. The product of that understanding is the binding decision, which is an attempt to solve a controversy, with effects at national level, and it unifies the interpretation that should be given to the contents of a law or regulatory act.

As such decisions are binding on all other bodies of the judicial branch and the federal, state and municipal spheres of Public Administration, whether direct or indirect - the Federal Supreme Court can declare legal decisions null and void, and perform administrative acts that are in contradiction with the text of the decision.