Abstract

PANSIERI, Flávio  and  LUZ, Otávio Augusto Baptista da. Ponderation and criticism on the binding effectiveness of the determinants. Cuest. Const. [online]. 2020, n.43, pp.321-349.  Epub Dec 13, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.43.15187.

The purpose of this papper is to analyze the weights and criticisms about the binding effectiveness of the determinant motives. It is introduced in the imported theories of the German law for the understanding of its meanings in the Brazilian reality. For the formation of this understanding, the study is subdivided in approaches on the supposed plastering of the constitutional evolution; from the violation of the principle of congruence; of the institutional dialogue and of the determinants and Obiter Dicta. Finally, it is studied the reiterated jurisprudence, qualified expectation and the protection of the trust. It is concluded that the modulation of effects is a true duty of the Court to the jurisdiction, this duty is bound by normative force to the Constitution, which can not ignore the complexity of interests that it covers, and in that sense, it must seek balance by objectifying the maximum effectiveness of your devices.

Keywords : binding effectiveness; jurisprudence; effectiveness.

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