Open AccessCONTROLE DE CONSTITUCIONALIDADE DIFUSO E O SENADO FEDERAL: LETRA MORTA NA CONSTITUIÇÃO OU INCONSTITUCIONALIDADE DAS SÚMULAS VINCULANTES?
Author(s) -
Jéssica Fernanda Alves Cavalcante,
Luís Henrique Ramos Alves,
Myllena Silva,
Shirley Oliveira Lima Nomura
Publication year - 2018
Publication title -
colloquium socialis
Language(s) - English
Resource type - Journals
ISSN - 2526-7035
DOI - 10.5747/cs.2018.v02.nesp2.s0280
Subject(s) - constitutionality , supreme court , constitution , law , political science , competence (human resources) , humanities , philosophy , management , economics
In order to guarantee its hierarchical supremacy in the Brazilian legal system, the FederalConstitution has the so-called Constitutionality Control, and such an institute has severalmodalities, so that we will talk about the Diffuse Control exercised by the STF and the ruleestablished by article 52, X, of the CF, which states that it is the responsibility of the FederalSenate to suspend the execution, in whole or in part, of a law declared unconstitutional by a finaldecision of the Federal Supreme Court.However, this provision of the Constitution has been considered by lawyers and jurists as a "deadletter", since EC Nº 45/04 instituted the binding summaries in Article 103-A, which has replacedsaid rule, stating that the STF may , officio or by provocation, after repeated decisions onconstitutional matters, approve the binding summary. Faced with this is in doubt the precedent isconstitutional and the competence of the Senate is dead letter or the Precedent isUnconstitutional?