The question of binding effect

Abstract

The text examines the question of the binding effect of the Summary of Predominant Jurisprudence of the Brazilian Supreme Court, recalling its origin, nature, purpose, and limitations. It argues that the Summary, created on the initiative of Justice Victor Nunes Leal, has always been a purely procedural matter, without force of law, subject to change at any time, binding neither the Justices nor the Court. It criticizes Bill 3,804/93, which seeks to attribute binding effect to the Summary, offending the separation of Powers, the independence of the judiciary, and the double degree of jurisdiction. It concludes that binding effect is justified only for Supreme Court decisions on constitutional matters, and that other ways must be sought to overcome the crisis of Justice, especially at the base, through structural reform and special courts.