O Acoplamento estrutural no controle de constitucionalidade brasileiro


  • Mauro Viveiros

Palabras clave:

Constitutional control, diffuse, concentrate, binding effect, stare decisis, general repercussion, hybrid model, structural coupling


This paper addresses the control of constitutionality in the Brazilian legal system. It seeks to describe the changes in the system from the Constitution promulgated in 1988, especially with the advent of the institutes of binding effect, binding precedent and general repercussion introduced with the constitutional reform of 2004. The approach focuses on aspects of the structure and functioning of control, focusing on the nature of these mechanisms as articulating the relationship between the diffuse and concentrated forms and their conditions of possibility of correction as elements of the crisis of the effectiveness of the Federal Constitution.