Binding Precedent Unconstitutional : form of judicial review and legitimacy crisis

Abstract

This article deals with the Institute of Binding Precedent, analyzing their development requirements, which are provided both in the Constitution and in Law no . 11.471 / 2006, its legal status , as well as the possibility of drawing up summaries of binding effect unconstitutional by the Supreme Court. It also deals with the historical development of summarizing binding effect, mainly in Brazilian law ; and to propose ways to challenge binding precedents of unconstitutional content. You define at what point would competencies invasion and lack of legitimacy of the judiciary by using the sum of binding effect to legislate against the possibility of any precedents materially and formally unconstitutional and the principle of separation of powers.