A formação de precedentes judiciais vinculantes por via de decisões em sede de controle abstrato de constitucionalidade

Abstract

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 decisions with the aim of extracting binding precedents. The formation of binding judicial precedents based on decisions based on abstract control of constitutionality needs to be understood and evidenced, given the impacts they have on Brazilian society as a whole. Based on this analysis, it will be possible to develop and evolve the constitution of precedent, since the Federal Supreme Court has become a protagonist in cases of correction of legislative actions or for the defense of the population through harmful actions or omissions. The analysis of the formation of binding judicial precedents through actions in the context of concentrated constitutionality control is consistent with a broad deepening of what could be inferred from the terms “Justice, Process and Constitution”, as determined by the PPGDir in the exposition of the area of concentration of the course. The line of research “Systems of Justice, Constitutionality and Protection of Individual and Collective Rights” has as its scope the discussion and analysis of the process, doctrine, legislation and jurisprudence as means for resolving conflicts, achieving justice and social pacification. It does not shy away from allowing the interpreter to carry out the re-readings and adapting to the new paradigms, aiming to pay attention to the current nuances of society. The supreme court will need to adapt its trial procedure, both in a physical and virtual environment, in order to favor deliberation among 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 to effectively observe the duty of reasoning and the adversarial principle, guaranteeing the participation of the various interested actors who have the capacity to contribute to the development of the Law.