A relativização da eficácia da súmula vinculante frente à aplicação de outros institutos jurídicos.

Abstract

The Amendment 45/2004 introduced in the entitled Constitutional Order her Súmula linked that built by the Supreme Federal Tribunal he/she would have application and obligatory observance for the otheij organs of the Judiciary Power, as well as to the Public Administration. To present research he/she has as objective demonstrates the inefficacy of the súmula linked, shijrimering, at the same time, other procedural and constitutional institutes existent in the order juridicai homeland that reach the desideratum of that in a grievous less way to the parts. He/she is justified the choice of the theme for the seriousness and gravity that it surrounds him/it, in the measure in that he/she doesn't assist your purposes, standing out among these the search for a larger velocity to the judicial attendance, to contrary sense, it creates one more resource, the institute of the compjaint, which, consequently only it will increase the number of mischievous demands tc the sieve of the Judiciary. The method juridicai exegetic is used, through which, in the beginning of the research it wilí be treated of the to be born and of the development of the institute object of that study, so much in the right pátrio, as in the compared right, and also, perquerir-if-á your definition, being focused the verification of the compatibility of the institute with basic beginnings, such as, the beginnings of Due Process Of Law, Access to the Justice, Inafastabilidade of the Judiciary Óontroí, Compulsory nature of Motivation of the Decisions juridicai, Double Degree of Jurisdiction and of the beginning of the Reasonable Duration of the Proceps. Out that, is also consubstantiate a deepened study of the súmula linked, being emphasized sweats legal forecast, legitimacy and requirements to propose her, corrlpetence to judge her, attribution of your effects, purpose the one that intends, proc^dure to be proceeded and still, the consequences of your disregarded, being checl^ed relief to the institute of the complaint. It is demonstrated, finally, the existenc^, in the ordainment homeland, of other kindred institutes, fully effective, standing out as such, the Incident of uniform of the jurisprudence, Incident of unconsti^utional, Ação Declaratória of Constitucionalidade, Argüição of Noncompliance of Fundamental Precept and Súmula Impeditiva of Resources that assist to the that Súmula linked intends in a wiser way, once they make possible a swift judicial aitendance, without however, to run over rights constitutionally guaranteed. The research demonstrates the inefficacy of the studied institute, emphasizing that the same disrespects basic beginnings. Like this, it is noticed clearly that Súmula iinkeqT creation doesn't heal the problem of the high slow the installment jurisdicional. Allies to the are made necessary to feel relevance to the education of the population for the exercise of the citizenship and still, that is implemented a politics of better distribution of income and social justice.