A (in) constitucionalidade da Súmula Vinculante

• Autor(a) principal: Smith, Viktor Harold Grimaldi
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/32716
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Súmula vinculante; Separação dos poderes; Constitucionalidade; Precedentes obrigatórios; Binding precedent; Separation of powers; Constitucionality; MandatoryPrecedents

The research was divided into parts. First, a brief overview of the origin and reception of the Binding Precedent in the Brazilian legal system was made. Here, an analysis was made of how this institute operates under the common law system and in the civil law system, with a focus on the Brazilian reality. Afterwards, the constitutional legal foundations on which the binding precedent is based were analyzed, verifying if after its advent, such principles were observed. Subsequently, it was necessary to bring the criticisms about this institute, especially with regard to whether the binding precedent had the power to violate the other powers. To this end, an analysis of the theory of separation of powers was carried out, but with an emphasis on the modern view of the theory, in order to bring the work up to date. In conclusion, based on all the research, it was sought to understand if, in fact, the binding precedent is endowed with constitutionality