Súmulas vinculantes: o poder normativo judicial e o acesso à justiça

Abstract

Constitutional Amendment Nº 45 opened the Institute of binding summary in Brazilian Law.The summary represents a synthesis of understanding of the Supreme Court, which, provided they are based, after repeated trial concerning the same subject, takes the form of a statement, which was awarded the binding effect.From this perspective, this work reconstructs the development of case law and the binding character for her commitment, since the Roman Empire to the present day, passing by an analysis of the common law, where the case-law stands out. In Brazil, the law appears Sumula order to consolidate the case of legally binding agreements, culminating with the introduction of the Charter Policy 1988, Article 103-A, which traced the contours of the binding summary, and subsequent legislation by Law Nº.11.417/2006. It is estimated, also, how the implementation of the statement reflected binding in ensuring access to justice, noting, in practice, abuses by the judiciary on the issue of some overviews, courts considered normative acts.