Jessica Fernanda Alves Cavalcante
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Luis Henrique Ramos Alves
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Myllena Silva
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Shirley Oliveira Lima Nomura
In order to guarantee its hierarchical supremacy in the Brazilian legal system, the Federal
Constitution has the so-called Constitutionality Control, and such an institute has several
modalities, so that we will talk about the Diffuse Control exercised by the STF and the rule
established by article 52, X, of the CF, which states that it is the responsibility of the Federal
Senate to suspend the execution, in whole or in part, of a law declared unconstitutional by a final
decision of the Federal Supreme Court.
However, this provision of the Constitution has been considered by lawyers and jurists as a "dead
letter", since EC Nº 45/04 instituted the binding summaries in Article 103-A, which has replaced
said rule, stating that the STF may , officio or by provocation, after repeated decisions on
constitutional matters, approve the binding summary. Faced with this is in doubt the precedent is
constitutional and the competence of the Senate is dead letter or the Precedent is
Unconstitutional?