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A insegurança jurídica dos efeitos vinculantes das decisões do Supremo Tribunal Federal em matéria tributária
| Content Provider | Semantic Scholar |
|---|---|
| Author | Galvão, Marcelo Lavocat |
| Copyright Year | 2014 |
| Abstract | ABSTRACT: Legal security is a judgment ongoing concern, and requires some predictability in all moments of law construction: in its development by the Legislative, in the administrative and the Judiciary. The concept of legal security, however, has been reinterpreted because of the liberal state ideas that have been left behind by the Constitutional State. The present study investigates whether the Brazilian Federal Constitution with its new mechanisms (binding docket, general repercussion, and binding effect, abstrativization of the diffuse control) provides legal security, according to this its current concept. In conclusion, after a dialectical and hypothetical-deductive analysis, that these institutes play this role, not only in the strict legality meaning but also respecting the value “justice”. Despite of the rational character, because they impose decisions to the administration and the Judiciary and generate uniform judgments, but more automatic, they are also able to provide relativization of absolute predictability in favor of "fair" value when necessary to achieve a constitutionally guaranteed right. Legal security is a judgment ongoing concern, and requires some predictability in all moments of law construction: in its development by the Legislative, in the administrative and the Judiciary. The concept of legal security, however, has been reinterpreted because of the liberal state ideas that have been left behind by the Constitutional State. The present study investigates whether the Brazilian Federal Constitution with its new mechanisms (binding docket, general repercussion, and binding effect, abstrativization of the diffuse control) provides legal security, according to this its current concept. In conclusion, after a dialectical and hypothetical-deductive analysis, that these institutes play this role, not only in the strict legality meaning but also respecting the value “justice”. Despite of the rational character, because they impose decisions to the administration and the Judiciary and generate uniform judgments, but more automatic, they are also able to provide relativization of absolute predictability in favor of "fair" value when necessary to achieve a constitutionally guaranteed right. |
| File Format | PDF HTM / HTML |
| DOI | 10.11606/T.2.2014.tde-08122014-094355 |
| Alternate Webpage(s) | https://teses.usp.br/teses/disponiveis/2/2133/tde-08122014-094355/publico/Marcelo_Lacovat_Galvao_doutorado.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Thesis |
