As consequências da súmula vinculante para o ordenamento jurídico brasileiro.

Abstract

The mechanism of uttering effect the decisions seated by the superior tribunals it is not recent in the way juridical, have seen he/she is excepted historically some attempts of implantation of similar institutes. As example, the seats of the House of, the illustration of those Prejudged of the Justice of the work, of the Dominant Jurisprudence of STF are mentioned. However, it is noticed that wins intense construction, by virtue of the approval and publication of the Amendment Constitutional no.. 45/04, which comes to treat of the theme in discussion, which is, to the adoption of the summary of effect in the Brazilian juridical ornament. The applied methodology in this work bases on the doctrine homeland, in the analysis of the legislation and in the compared right. In the plus, the work in screen will present the concepts of juridical institutes as jurisprudence, summary, effect, which become indispensable for a better understanding of the summary of effect vinculant. It will also be explained to the subject of the presence of this institute in the compared right, pointing out your origin in the Anglo- Saxon right (common law) and the incongruity of the reception of the stare decisis for the Brazilian (civil law). THE research has as objective demonstrates him/it with relationship to the adoption of this effect it is noxious to the national Constitutional Right, for afflicting several beginnings and warranties of public order, just as the juridical independence of the magistrates. However, to present research it will also present the optical of those that see in the summary a viable solution for finally the crisis that the Judiciary Power faces now, which the overload of the superior tribunals and the slowness of the installment jurisdicional, the work, for now presented, he/she has the privilege of proposing some alternatives viable front to the adoption of the vinculante, which is, the sumula resource impeditiva, the possibility of arguicao of the institute of the distinguishing, as well as the implementacao of the illustration of the certiorari, this forecast lack only reinforces still more than the application of the summary vinculante as now foreseen it is at irrational least, for total disagreement of this mechanism with the ornament juridical patrio, found in beginnings and fundamental warranties that reject her. Finally, it is taken through these proposals the intention of endowing the application of the summary vinculante of a certain before our juridical ordenamento, looking for your best adaptation to this, without, though to forget of ater-if to the juridical-social and political reality of this country.