“the judge here has the right to control the constitutionality of laws

nurnobisorker20

Diffuse control is a centuries-old thing in Brazil. Judges here have always had the power to apply or not apply a law in a specific case, depending on whether or not that law is compatible with the Constitution. This is strong, because it is not written in the Constitution that the judge has this power. This is something atavistic to the structure of the Brazilian constitutional system. In Brazil, there has never been the principle of Anglo-American law where the decision taken by the judge binds him and all those under his jurisdiction. This is the principle of binding decision. At the beginning of the Republic in Brazil, the Supreme.

Court declared a norm unconstitutional, and could not remove the norm from the legal system. This rule continued to be applied. We did not have the principle of binding, which we had to build throughout the century. ConJur — And how did that happen? Oscar Vilhena — In 1934, the Direct Action of Intervening  Phone Number List Unconstitutionality was created, which declared the unconstitutionality of state law and suppressed it from the legal system. In 1965, the military created the Direct Action of Unconstitutionality, giving concentrated power to the extent that the Supreme Court declares unconstitutionality, and removes the law from the legal system.



In 1988, this was strengthened. In 1993, the binding effect was created in the ADI. And now, with amendment 45, we create the Binding Precedent. It is a process of concentration. I don't know if it's Germanization, but it's a Europeanization of the system. The system somewhat reduces the powers of first and second instance judges and transfers these powers to the STF. I am not in favor of complete Europeanization in Brazil, where the Constitution is violated without ceremony. The greater the possibilities of controlling the abuse of power, the better. Concentrating control over abuse of power only in the Supreme.