Do processo de abstrativização do controle concreto e a aplicação da teoria da transcendência dos motivos determinantes no Brasil

Abstract

The study of judicial review is of paramount importance for understanding the research carried out in the present work, especially when analyzing a doctrinal, jurisprudential and legislative trend towards an approximation of the effects of the declaration of unconstitutionality in the concentrated-abstract and diffuse-concrete models, with regard to the erga omnes and binding effect. At this point, topics such as the general repercussion, the binding precedent, the new code of civil procedure, the theory of precedents and the application of the thesis of the transcendence of determining reasons are pointed out as factors that lead to long and extensive discussions about the possibility and compatibility in the face of the positive model provided for in the 1988 Constitution. In this way, the work aims to recognize the controversial and connected points, as well as to develop an analysis about the process of abstraction and theory of transcendence before the understanding of the Federal Supreme Court and the constitutional implications, policies and regulations, carrying out a historical, legislative, doctrinal and jurisprudential survey, with the purpose of verifying the existence of a tendency to expand the effects of diffuse-concrete control of constitutionality and approximation with abstract-concentrated control, when a decision is taken by the Federal Supreme Court.