Os efeitos das decisões emanadas pelo STF no controle repressivo de constitucionalidade e na súmula vinculante.

Abstract

This present monographic work is about subject of effects in emanated decisions by the Supreme Federal Court in repressive control of constitutionality and the Binding Precedent. It one is intended in the light of recent literature and relevant with regard to the situation in question, to analyze, to discuss and to show the main theoretical aspects that involve the problematic allocation of own effects by concentrated mode control of constitutionality to Diffuse Control. For this, we had used the bibliographical research methodology that basically consists in reading, book report and comparison by theories of mains authors of the law dealing the effects of decisions on abstract actions of constitutionality and the Extraordinary Appeal, as well as edition a Binding Precedent beyond revisit judicial precedents about thematic. Starting from the assumption that the Federal Constitution gives validity grounds for the rest the legal system and that lands in their stiffness the postulate of Constitution Supremacy, it is seen that the constitutional protection can be operate in concentrated or diffuse way. The decision pronounced in concentrated way, however, is endowed with erga omnes binding effect, whereas in pronounced by diffuse way the effect is inter partes, by the way the objective of this work is study these effects by checking to new guise assigned the Extraordinary Appeal with a view to inclusion of the General Repercussion as presupposed of admissibility expedient of this one. The same, the use of the decisive reasons for the decision theory also in diffuse control, own technique of concentrated control, contributes to the attribution of innovative effects in this control ambit. Still, there is the Binding Precedent figure which assigns different effects to declarations of (un) constitutionality that without your intervention had possessed more limited effects. In this context has become important to ascertain and demonstrate which were / are the effects emanated from the Supreme Federal Court on constitutional protection material, a task which this present work will address their investigations.