THE “STATE OF THE ART” OF THE CLAIM IN THE STF AND STJ:IS SCHRÖDINGER'S CAT ALIVE-DEAD?

Abstract

This article aims to analyze the state of the art of the Constitutional Claim in the Supreme Federal Court and in the Superior Court of Justice, since each court has an understanding about the appropriateness of such an institute. In this sense, it was found that the perspective of the Superior Court of Justice, as it does not understand the Complaint's suitability for rediscussing binding provisions, ends up crystallizing the law and implementing a false legal certainty, in addition to preventing the taxation of its decisions. The methodological procedure used was the legal-theoretical one, since the understandings of such courts were critically analyzed from a perspective of democratic procedurality. It was possible to demonstrate that the state of the art of the Constitutional Complaint in Brazil, is like Schrödinger's cat: alive-dead.

Keywords

• constitutional complaint
• precedents
• federal court of justice
• superior justice tribunal
• democratic process