O Supremo Tribunal Federal e o controle difuso da constitucionalidade

Abstract

This work aimed to study the evolution of diffuse judicial review of laws and normative acts promoted by the Republic itself. To achieve our conclusions, the search was based on doctrine, law and Superior Courts jurisprudence. Indeed, the Brazilian law initially took the North American model of judicial review, which recognizes any judge or court able to execute a review. They are able to cease applying standards in confrontation with the Constitution. Brazilian Constitutions introduced gradually some mechanisms to independently oversight law and acts that confronts Constitution, preferring ―direct actions‖, which examines the law and normative acts from a theoretic perspective. Post Legislative changes modified the discipline of diffuse judicial review in the Supreme Federal Court, printing an idea of objectivity also on the incidental review. The approximation between diffuse and concentrated review can be noticed in amicus curiae, when it denies a quarrel that has been previously decided based on the institute of general repercussion and on the systematic trial by sampling, as an example. In this context, the Federal Supreme Court is to defend the possibility of exchanges of formulas in aim to solve conflicts regarding typical concentrated control, such as modulation of effects in time of decision declaring unconstitutional the recognition of an opened request regarding also an extraordinary and assigning efficiency erga omnes and binding effect to final decisions of the court based on incidental control, regardless any of Senate Resolution.