(IN)CONSTITUCIONALIDADE DO EFEITO VINCULANTE NA DECISÃO JUDICIAL EM INCIDENTE DE ASSUNÇÃO DE COMPETÊNCIA
Este artigo propõe, com base em pesquisa teórico documental, apontar a existência de questionamentos que põem em xeque a legitimidade constitucional da previsão de vinculação dos acórdãos proferidos em incidentes de assunção de competência. Para isto, como a decisão vinculante está inserida na sistemática dos precedentes com poder vinculante, inicialmente será apresentada uma breve noção sobre precedentes e poder vinculante para, a partir daí, passar à exposição do incidente de assunção de competência e a (in) constitucionalidade do poder vinculante. Ao fim, constata-se a inconstitucionalidade da previsão de vinculação, com ressalva de recomendação à proposta de emenda à constituição.
Palavras-chave: Precedentes judiciais; Efeito vinculante; Incidente de assunção de competência.
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