Controle de constitucionalidade e precedente formalmente vinculante: notas para uma adequada compreensão do modelo de processo constitucional a partir do Código de Processo Civil

Abstract

The thesis promotes the understanding of judicial review within the spectrum of the due process of law, seeking to promote a clear comprehension of the phenomenon of unconstitutionality based on the binomials that compose it, in order to demonstrate that: (1) there is no hierarchy between the precedent established in the concrete and diffuse system and the abstract actions for concentrated control of constitutionality; (2) the results obtained with each model of judicial review, from the point of view of the decision, are divergent, resulting in one way (2.1) in the invalidity of the legal norm or its confirmation; and, in another (2.2) in the promotion of its application or disapplication; and (3) those biding techniques related to the two layers of effectiveness of the decisions inter parts and erga omnes and the biding force of the precedent (its universalization and stare decisis) coexist in mutual harmony and contribute to the current model of judicial review adopted in the Brazil.