A abstrativização das decisões do STF em sede de controle difuso de constitucionalidade por meio de mutação constitucional do art. 52, X, da CF/88

Abstract

The abstrativization of the Federal Supreme Court decisions' effects through the diffuse constitutionality control is a very controversial subject, which involves several nuances. The greater discussion is about recognizing the constitutional mutation of the art. 52, X, CF/88. This article of the mentioned Constitution, in its literal interpretation, gives the Federal Senate the attribution of editing resolution to suspend the effectiveness of a law declares unconstitutional, in its all over in part of it, by the Federal Supreme Court, in concrete control acting. The objectivation defenders state that, according to the actual tendency in our juridical system, this norm needs to be interpreted in a different meaning. To them, the Federal Supreme Court decisions obtained throurh execution way have enough juridical strength to, by themselves, clear the erga omnes binding effects, the declared unconstitutional norms applicability. To the Senate, there would be just the role to give publicity to those decisions. This study, after delineate the Constitutionality Control fundamentals, will follow the boundaries of the Diffuse Control. After, it will explain the Supreme Court acting, in this kind of control, and pass through the general concepts of constitutional mutation. In the end, it will bring a levy of the arguments pro and counter the consolidation of the article 52, X, CF/88 norm. The utilised methodology consists , mostly, in bibliographical and documentary research.