Efeitos amplificados das decisões judiciais no controle concreto de constitucionalidade: uma teoria dos precedentes constitucionais

Abstract

This thesis is focused on demonstrating that concrete judicial decisions related to constitutionality have, for logical-rational requirement, amplified effects, besides the parties, as they have a persuasive, perceptive or binding nature. This demonstration justifies the adoption of a theory of constitutional precedents in Brazilian law, instrumental to scan the logical elements that universalize the fundaments of concrete judicial decisions for similar cases. This is a relevant and current object of investigation due to the number of procedural reforms which in the past few years have been incorporating modalities of amplified effects, notably for decisions made by higher courts. Procedural standards and several decisions of the Federal Supreme Court have anticipated the reality of the precedent institute in Brazil. This thesis supplies the lack of cohesive doctrinaire treatment on the theme. At last, there is the verification of a logical structure maker of an effective theory: its origins (the valorative principle-logic constitutional standards that require a differed jurisdictional actuation), its current development stage (the several institutes that configure the amplified effects today) and its consequences (the constitutionalization phenomenon) are presented