Analise ao Instituto Jurídico da Súmula Vinculante sob o prisma do princípio da separação dos poderes

• Autor(a) principal: Figueredo, Franklyn de
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7532
• topic: Poder Judiciário.; Súmula Vinculante.; Função legiferante; Princípio da Separação dos Poderes.

This monograph sought to learn about the changes brought about by Constitutional Amendment no. 45, which introduced the Binding Precedent to the Brazilian legal system and its interaction with the principle of separation of powers. To this end, the work used exploratory research, using documentary and bibliographic sources, and was divided into four chapters. In the first, an evolutionary analysis was carried out on the organization of state powers, where the tripartite theory idealized by Montesquieu and the concept adopted by the Citizen Constitution, currently in force in the national legal system, were arrived at. In the second chapter, there was a tour of the state powers, where their main characteristics and attributions were discovered. In turn, the third chapter presented the Binding Precedent, beginning with a historical dynamic and ending with its effects and with defending and opposing doctrinal currents. In the final chapter, the information collected on the legal tool was collected and compared with the principle of separation of powers and the current national legal system. With these considerations, it was concluded that the legal mechanism of the Binding Precedent, even if it grants an eventual legifying function to the Supreme Federal Court, does not offend the principle of separation of powers, notably, because the obsolete theory was replaced by the system of checks and balances and by the principle of shared powers that allow the joint exercise of atypical activities by the various entities of power.