Controle concreto de constitucionalidade: efeitos e vinculação

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This study focuses on the discussion over the effects of the decisions uttered by the Constitutional Courts, or, in the Brazilian situation, the Supreme Court (Supremo Tribunal Federal) in the concrete norm control. The theoretical importance derives from the several institutes of communication between the socalled concrete and abstract systems in the Brazilian legal system, created whether by law or through the decisions made by the Supremo Tribunal Federal, deserving a systemic and doctrinaire approach, studying, foremost, the juridical nature and the effects that take place according to the expression of the Constitutional Court. Having a starting point the difference between the procedures that are regarded as objective procedures (abstract control) and those procedures considered subjective (concrete control), this paper presents the proposal that, considering that both are an expression of the constitutional jurisdiction, they have the same nature and, therefore, are able to produce the same effects to those under this jurisdiction

ASSUNTO(S)

controle concreto controle da constitucionalidade -- brasil brasil -- direito constitucional decisions by the constitutional courts decisões do supremo tribunal federal direito constitucional decisions by the supreme court concrete norm control decisões das cortes constitucionais brasil -- supremo tribunal federal

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