A utilização da súmula vinculante como meio de conferir efeito erga omnes às decisões de controle difuso de constitucionalidade

Abstract

This monograph deals with the use of statements binding precedents as a means for effectiveness against all decisions of diffuse control of constitutionality, analyzing Institute scoresheet, the control mechanisms adopted by the constitutional jurisdiction, the Brazilian legislation and jurisprudence homeland. The work is divided into three parts. The first will deal specifically addressing the scoresheet development history, concept, species and their consecration as a source of case law. The second part will deal with the consequences of binding precedent for any effects from the mechanisms of judicial review by the Federal Constitution. Finally the last chapter examines cases in which patriotic jurisprudence the Supreme Court gave effect to the decisions of transcendent control incidental. The central focus of this work is to express the impossibility of granting erga omnes effect on decisions to control widespread, but by the adoption of binding precedent. For both arguments are presented that challenge this innovative argument.