STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACE

STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACE

We approach the hypothesis of rediscussion by Brazilian Federal Supreme Court of a law already declared as constitutional in abstract control and its relation with the institute of the res judicata, with the conclusion that there is stability in the declaratory decisions, but not absolute, consideri...

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Main Author: Adriano Sayão Scopel
Format: Article
Language:English
Published: Universidade do Estado do Rio de Janeiro 2021-04-01
Series:Revista Eletrônica de Direito Processual
Subjects:
constitutional jurisdiction
abstract control of constitutionality
res judicata
procedural stabilities
precedents
Online Access:https://www.e-publicacoes.uerj.br/index.php/redp/article/view/47066/36308
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spelling doaj-8ef9729b126c46e083d56e01508f24972021-08-11T18:58:15ZengUniversidade do Estado do Rio de JaneiroRevista Eletrônica de Direito Processual1982-76362021-04-012212957https://doi.org/10.12957/redp.2021.47066STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACEAdriano Sayão Scopel0Universidade de São Paulo (USP)We approach the hypothesis of rediscussion by Brazilian Federal Supreme Court of a law already declared as constitutional in abstract control and its relation with the institute of the res judicata, with the conclusion that there is stability in the declaratory decisions, but not absolute, considering the risk of petrifying the constitutional interpretation. We argue that the rules set forth in CPC/2015 on overruling precedents may serve as a guide for the definition of when and how a new analysis of the (un)constitutionality of a previously law declared as constitutional should take place.https://www.e-publicacoes.uerj.br/index.php/redp/article/view/47066/36308constitutional jurisdictionabstract control of constitutionalityres judicataprocedural stabilitiesprecedents
collection DOAJ
language English
format Article
sources DOAJ
author Adriano Sayão Scopel
spellingShingle Adriano Sayão Scopel
STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACE
Revista Eletrônica de Direito Processual
constitutional jurisdiction
abstract control of constitutionality
res judicata
procedural stabilities
precedents
author_facet Adriano Sayão Scopel
author_sort Adriano Sayão Scopel
title STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACE
title_short STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACE
title_full STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACE
title_fullStr STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACE
title_full_unstemmed STABILITY OF DECLARATORY CONSTITUTIONALITY DECISIONS: WHEN AND HOW AN ANALYSIS OF THE UNCONSTITUTIONALITY OF A PREVIOUSLY LAW DECLARED AS CONSTITUTIONAL SHOULD TAKE PLACE
title_sort stability of declaratory constitutionality decisions: when and how an analysis of the unconstitutionality of a previously law declared as constitutional should take place
publisher Universidade do Estado do Rio de Janeiro
series Revista Eletrônica de Direito Processual
issn 1982-7636
publishDate 2021-04-01
description We approach the hypothesis of rediscussion by Brazilian Federal Supreme Court of a law already declared as constitutional in abstract control and its relation with the institute of the res judicata, with the conclusion that there is stability in the declaratory decisions, but not absolute, considering the risk of petrifying the constitutional interpretation. We argue that the rules set forth in CPC/2015 on overruling precedents may serve as a guide for the definition of when and how a new analysis of the (un)constitutionality of a previously law declared as constitutional should take place.
topic constitutional jurisdiction
abstract control of constitutionality
res judicata
procedural stabilities
precedents
url https://www.e-publicacoes.uerj.br/index.php/redp/article/view/47066/36308
work_keys_str_mv AT adrianosayaoscopel stabilityofdeclaratoryconstitutionalitydecisionswhenandhowananalysisoftheunconstitutionalityofapreviouslylawdeclaredasconstitutionalshouldtakeplace
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