The control of the public power omissions related to fundamental rights

This work analyzes the consequences of the control of the public power omissions related to fundamental rights, in connection both with the activity of the legislative power and of the Executive and Judiciary, after the recent reform of the Organic Law of the Constitutional Tribunal. The possibilities of articulating a control of material character of the normative inadequacy of the law through the principle of defect of protection of fundamental rights, are particularly examined. This principle created by the German jurisprudence has the function of determining the effectiveness, indispensability and rationality of the protection of a fundamental right decided by the legislator. This work also analyzes the consequences of introducing the control in "amparo" of the executive and the judicial powers' omissions, with the purpose of carrying out a unitary analysis of the problem from the omission connected to the activities of the public powers related to fundamental rights.