A eficácia erga omnes da decisão declaratória de inconstitucionalidade proferida pelo Supremo Tribunal Federal em sede de controle difuso de constitucionalidade.

Content Provider	Semantic Scholar
Author	Alvarenga, Ivo De Souza
Copyright Year	2015
Abstract	The research addresses an important issue for the Brazilian constitutional law. This paper analyzes the legitimacy of the Supreme Court to give the force of law to their merit decisions about diffuse control of constitutionality. Analyzing the votes of the STF ministers in RCL4335 to demonstrate the Court`s position with respect to the subjective and objective limits of the decisions made by the diffuse control of constitutionality. Also discusses the use of constitutional complaint, its evolution, and possible legal appropriateness in the face of normative acts contrary to decisions of the Supreme Court handed down in the diffuse control of constitutionality. Concludes that the overall effectiveness – erga omnes – from substantive decision of the Supreme Court handed down in the diffuse judicial review should be understood as a decision technique inherent in the exercise of constitutional jurisdiction and the complaint is an appropriate action to ensure the authority of the STF's decisions endowed with overall effectiveness, contributing to the spread of culture of judicial precedents in Brazilian law.
File Format	PDF HTM / HTML
Alternate Webpage(s)	http://dspace.idp.edu.br:8080/xmlui/bitstream/handle/123456789/2131/Monografia_Ivo%20de%20Souza%20Alvarenga.pdf?isAllowed=y&sequence=1
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article