A eficácia dos precedentes judiciais vinculantes fixados pelo Supremo Tribunal Federal

Abstract

The present work seeks to show the paradoxical situation in which the Supreme Federal Court with the constitutional possibility of granting binding effects to its precedents. For this, we will go through the History of the Right to build universal panorama, highlighting also the history of the precedent in Brazil, of the forms and functions that the previous one has assumed over time. We will discuss the theory of legal argumentation, in its quest to identify the sources of law, including in these judicial decisions. We will study, next, the mechanisms of application of the precedent in the North American right, as comparative paradigm in the present study. We will analyze, after, exposition of the modern hermeneutical techniques used by the courts, including the Supreme Courts, in their task of "creating" the right. Finally, subsidized by all that we have exposed, we will prove that precedents established by the Federal Supreme Court represent a setback in the interpretation of setting the constitutional parameters.