Perspectiva econômica dos impactos da reclamação constitucional como instrumento de reforço da segurança jurídica e da tutela constitucional brasileira

Abstract

The constitutional claimis an instrument to reinforce legal certainty and the constitutional order that impacts on Brazilian procedural law, from an economic perspective, in terms of gains from the speed of proceedings or reduction of litigation. From the analysis of the historical evolution of the institute, discussions about the legal nature and the hypotheses of suitability and pro-cessing can be identified such impacts. From this analysis and the study of the STF 196Volume 40.1 —jan./jun. 2020jurisprudence, from the first judgments on the subject to the most recent ones, combined with doctrinal evaluations and statistical data, reflections related to procedural economy and legal certainty can be built. The study will demonstrate that there has always been a strong jurispru-dential tendency to restrict the Complaint to strictly necessary cases, and that, given the swift characteristics of its rite, it is an effective mechanism for the protection of the constitutional order, which has been growing annually, which can compromise the functioning of the STF