Legislate and be liable compensation for unconstitutional law?

Abstract

The Law is an expression of the Rule of Law, with the Constitution having the highest hierarchy within a juridical system. To the State-Legislator there is a task to regulate this legal core which, together with judicial and executive decisions, starts from the constitutional guide. Despite having this differential responsibility, unconstitutional legislative acts arise and the doubt that follows is whether they cause compensable damages. This article will deal if the State must compensate someone for an unconstitutional legislative act and how this idea happens under the lens of Brazilian Law.