Nova amplitude do artigo 52, X, da CF e abstrativização dos efeitos da declaração incidental de inconstitucionalidade : “Teoria dos motivos determinantes”

Content Provider	Semantic Scholar
Author	Vasconcelos, Amanda Barreto
Copyright Year	2012
Abstract	The present work has as central subject the stability of the constitutional, decurrent jurisdiction of the new trend in granting binding effect to the decisions of the Supreme Federal Court in headquarters of diffuse control of constitutionality, objectifying to demonstrate that the native legal system directs it the few for a system of judicial precedents. The control of judicial constitutionality was introduced in Brazil for the Constitution of 1891, however, with the 1934 letter it only is that the effect of the restricted decisions to the integrant parts of the legal-procedural relation could have been extended by means of act of the Federal Senate that suspended the execution of law or unconstitutional declared normative act for the Supreme Federal Court. The creation of this institute was necessary, in virtue of the intensification of the legal relationships, proper of the current society, making possible the occurrence of a jurisprudence joust, creating mechanisms that minimize distortions between equal situations. Brazil alone arrived to adopt in fact the mixing jurisdictional system of control of constitutionality in the validity of the Constitution of 1946, with the constitutional emendation no 16/1965. However, only with the current Constitution it was that the system of judicial control suffered substantial alterations, mainly occurring a considerable expansion of the intent control of constitutionality, not only with the maintenance of some existing instruments already, but also with the creation of others (Declaratory Action REVISTA DA ESMESE, No 16, 2012 DOUTRINA 253 of Constitutionality and Action of Descumprimento de Basic Preceito) and the increase of the roll of legitimated for the bringing suit of these actions. On the other hand, consequentemente, the incidental control was restricted since most of the excellent controversies constitutional could arrive at the STF by means of some of the direct actions of intent control. The new jurisprudence traced by the Constitution of 1988 and the direction each time more for a system of judicial precedents for which it has inclined the order, having added itself, outrossim, the application of the theory of the determinative reasons of the decision and consequence attribution of general effect to the declarations of law unconstitutionality or normative act for the Supreme Federal Court, is presented, in the present time, disuse the necessity of intervention of the Federal Senate to attribute effectiveness raises omnes, having the resolution of this agency to have as only objective to give to advertising the decision of the Supreme Cut.
File Format	PDF HTM / HTML
Alternate Webpage(s)	https://bdjur.stj.jus.br/jspui/bitstream/2011/46716/nova_amplitude_artigo_vasconcelos.pdf
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article