A inconstitucionalidade da súmula vinculante.

Abstract

The scientific work that however il presents is based in the next problem : consisted the unconstitutionally and innocuty of the brinding abridgement, it is possible to present alternatives proposalsto its adoption? Yes, it has seen that proposals of emedations constitutinal, undertaken in the direction to move away it from the native legal system, abready they ventilate the possibility of adopition of the imoeditive abridgement of resources. With effect, the considerd objectives had been, exacthy, the study of the binding abridgement in its doctrinal and legal aspects; the demonstration of its unconstitutionality and inocuity and the analysis of the alternative proposals to its adopition. For in such a way, it was used the methods descriptionevolutive, bibliographical, comparative and interpretative-legal study. As il it sees, the subject is still excellent for the scientific community inits totality, rank that does notreach equality of opinions, justifying its constant reexamination. Of the inquiry it results that the binding abridgement is unconstitutional because wounds innumerable rules of the cf/88; and innocuity because it does not reach its desideratum, as much that did not have the adoption of the impeditive abridgement of resources is not, indeed, the best alternative, litting innumerable other measures more effective in the reform of the judiciary.