Súmulas vinculante e impeditiva de recurso: a equivocada ponderação de bens e a estagnação do direito.

Abstract

With intention of explaining the Real effects of the adoption of the synopsis obligatory and resource prohibitive, this work search to show, through bibliographical researches and presentation of statistics, that such institutes are not for the purpose for which you/they were created, which is, to reduce the slowness of the Judiciary. The synopsis obligatory and resource prohibitive were introduced in the juridical system of Brazil without an attentive discussion regarding his/her compatibility with the Roman-Germanic tradition here adopted. The creation of norms for the organs of the Justice, directly for the synopsis obligatory and indirectly for the resource prohibitive, it promotes the creation of a new formal source of the Right, inconceivable in a regime excelled by the edition of laws by representatives of the people, that edit them in way to guarantee that these norms are naked of any illegitimacies. The edition of general and abstract norms for the Superior Tribunals breaks up with basic beginnings of the Democratic State of Right, so that it is not acceptable that type of totalitarian manifestation of the right. Those institutes were created in a scenery of a lot of pressure by the adoption of measures that you/they solved the problem of the slowness, that is very serious. Instead of adopting politics in the sense of solving the causes of the slowness, they grew up these juridical aberrations. The problems as the lack of structure of the Judiciary, of the insufficient number of judges, of the procedural bureaucracy continues to clutter the course of the processes, meanwhile, they are edited the synopsis that more they are to defend endowed interests of people of being able to or status. The effects of the synopsis, besides the defense of illegitimate interests, promote the violation of several warranties constitutional, procedural and of beginnings, coming as antidemocratic instruments. Finally, one of the largest harms that such mechanisms provoke is the stagnation of the right, impeding that the natural evolution of the rules, theories, themes, etc., be rediscussed in the activity of the tribunals by the true defenders of the right, their operators, that lean over his daily work on the studies to promote a right gone back to the social reality, longing for, like this, the justice in his fuller form. The synopsis vinculante and prohibitive don't allow that natural evolution for the activity creative dialectics of the Right: the work of their operators.