THE FORMATION OF BINDING JUDICIAL PRECEDENTS THROUGH DECISIONS UNDER ABSTRACT CONSTITUTIONALITY CONTROL
Name: RAUNER AILTON BATISTA PEREIRA
Publication date: 01/09/2023
Examining board:
Name |
Role |
|---|---|
| GEOVANY CARDOSO JEVEAUX | Advisor |
Summary: The determinations of articles 926 to 928 of Law n. 13.105/2015, in particular,assigned the Courts and lower bodies the obligation to observe the listed decisionswith the aim of extracting binding precedents. The formation of binding judicialprecedents based on decisions based on abstract control of constitutionality needs tobe understood and evidenced, given the impacts they have on Brazilian society as awhole. Based on this analysis, it will be possible to develop and evolve theconstitution of precedent, since the Federal Supreme Court has become aprotagonist in cases of correction of legislative actions or for the defense of thepopulation through harmful actions or omissions. The analysis of the formation ofbinding judicial precedents through actions in the context of concentratedconstitutionality control is consistent with a broad deepening of what could beinferred from the terms “Justice, Process and Constitution”, as determined by thePPGDir in the exposition of the area of concentration of the course. The line ofresearch “Systems of Justice, Constitutionality and Protection of Individual andCollective Rights” has as its scope the discussion and analysis of the process,doctrine, legislation and jurisprudence as means for resolving conflicts, achievingjustice and social pacification. It does not shy away from allowing the interpreter tocarry out the re-readings and adapting to the new paradigms, aiming to pay attentionto the current nuances of society. The supreme court will need to adapt its trialprocedure, both in a physical and virtual environment, in order to favor deliberationamong members and the constant justification of votes. Analyzing the current form,we have that the judicial precedents are not being properly formed. It is necessary toeffectively observe the duty of reasoning and the adversarial principle, guaranteeingthe participation of the various interested actors who have the capacity to contributeto the development of the Law.
Keywords: procedural law; constitutional process; judicial review; binding precedents; ratio decidendi.
