A eficácia vinculante das decisões proferidas pelo Supremo Tribunal Federal em recurso extraordinário

Abstract

It seeks to analyze the binding effectiveness of decisions handed down by the Federal Supreme Court in extraordinary appeal in the light of the system of judicial precedents, provided for in the Civil Procedure Code of 2015. It is intended to understand the meaning of art. 52, item X, of the Federal Constitution of 1988 and to reflect on the thesis of constitutional mutation concerning the role of the Federal Senate in the diffuse control of constitutionality, developed in Complaint nº. 4335/AC. It is essential for this research to observe that the Federal Supreme Court fulfills the important mission of standardizing the interpretation of the Constitution, which strengthens the thesis of binding its decisions. It will also be observed that the system of precedents honors equality, legal certainty and the duty of reasoning, making it compatible with the current constitutional order. The methodological procedure is based on bibliographic and jurisprudential research with an interdisciplinary approach, promoting dialogues between Constitutional Law and Civil Procedural Law.