Some critical reflections on the “abstrativization” thesis of the judicial review in the Brazilian Supreme Court

Abstract

http://dx.doi.org/10.5007/2177-7055.2017v38n75p79 The question of the effects of judicial decisions in complex judicial review systems such as the brazilian is pressing. Not all relevant aspects regarding the effects of the decisions of the Brazilian Supreme Court like extension and other issues are peaceful. This article explores the discussion about the thesis of “the abstract character” of the jurisdiction of the Brazilian Supreme Court in incidental judicial review. From a rescue of the historical development of the Brazilian constitutional system, the article seeks to critically examine the thesis held by some judges of the Brazilian Supreme Court especially during the trial of the “Reclamação” process n. 4.335/AC. At the end the study seek to demonstrate that it is plausible to argue that there is some limits in the Brazilian positive constitutional law to the admissibility of the thesis, which adoption requires a formal constitutional modification.

Keywords

• Controle de constitucionalidade
• STF
• Efeitos
• Amplitude