The objectification of the diffuse constitutional control: the transcendence of determinant motivations of the appeals in last instance

• Grant number: 14/05306-3
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: October 01, 2014
• End date: September 30, 2015
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Camilo Zufelato
• Grantee: Ana Letícia Valladão Giansante
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

This research Project refers to a possible paradigm change, on which the appeals in last instance decisions began to expand its effects beyond the subjective borders of the case, since the Supreme Court (STF) has adopted, in a few cases, a different approach on the trials of the diffuse constitutional control appeals. It is apprehensible that the appeal in last instance is the instrument, which enables the diffuse constitutional control. Given this, we intend to analyze the peculiarities of this appeal form, as well its chances of suitability, and, finally, discuss the objectification of the diffuse constitutional control issue, through appeal in last instance, which allows a transcendence of determinant motivation, incidentally analyzed so far. In this perspective, its main subject is the analysis of this new paradigm, and therefore, the way that this scenario may contribute for a more accurate and effective constitutional jurisdiction model.