Súmula vinculante

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This thesis has the purpose to discuss a considerably debatable subject, created by Constitutional Amendment 45/2004: the súmula vinculante. Included in Article 103-A of the Brazilian Federal Constitution and regulated by Law No. 11,417/2006, the súmula vinculante has been enacted to accommodate the turbulent situation of the Brazilian judiciary system. This subject has been chosen to be the matter of the research in this masters thesis as we understand that the súmula vinculante may become an effective instrument to quiet down the crisis that is installed in the Brazilian judiciary system, as well as accommodate certain situations of injustice arising out of the breach of the legality and equality principles. In this thesis, we intend to go through the long way of the sources of Law until the creation of the súmula vinculante in the Brazilian legal system. From the research of foreign and domestic legal commentators, case law and legislation, it is our opinion that súmula vinculante derives from American law and is influenced by Portuguese law. We also believe that the measure tends to be ambitious and new, since it makes the Brazilian system, based on civil law, closer to the Anglo-Saxon system, based on common law. Moreover, súmula vinculante creates a new standard of conduct for the people, issued by a different body other than the Legislative Branch

ASSUNTO(S)

sources of law jurisprudence direito brasil [constituicao (1988) -- emenda n. 45] fontes de direito jurisprudência sumula vinculante

Documentos Relacionados