Aos Ministros, tudo?: uma análise da aplicação dos requisitos constitucionais na elaboração de súmulas vinculantes
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2012-11
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Arguelhes, Diego Werneck
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There are four constitutional requisites for a Supreme Court decision to become binding. This work analyzes the way in which these requisites have been discussed and analyzed by the Brazilian Supreme Court. With this goal, it first describes the different procedures adopted over the last years to create these binding decisions. Then it analyzes the moments in these processes, when the Supreme Court Justices had the opportunity to debate the constitutional requisites,such as the Commission of Jurisprudence and the Court debates, reaching the conclusion that, as a general rule, the requisites are not carefully evaluated , and that the individual behavior of the Justices has a significant interference on the process. Last , but not least, a more careful analysis of the existence of a plurality of precedents on the existing binding decisions is made, showing that this requisite is not always respected. Finally, some of the consequences of this scenario are shown and debated, such as the existence of a binding decision that has been suspended, and of the propositions for reevaluation of binding precedents.