The relations between Súmula Vinculante, Repercussão Geral and the Senate's competence to suspend unconstitutional statutes

• Grant number: 14/09123-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: September 01, 2014
• End date: August 31, 2015
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Conrado Hübner Mendes
• Grantee: Pedro Ernesto Vicente de Castro
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The project proposes the development of a research about the relations between Repercussão Geral and Súmula Vinculante, and between these and the Senate's competence to suspend unconstitutional statutes. Súmula Vinculante and Repercussão Geral are institutes which assure greater conformity with STF rulings. However, since they work differently, one's functioning may interfere with the other's. Both institutes may also influence the way in which the Senate has been exercising its competence to suspend statutes deemed unconstitutional by STF, since they diminish this competence's practical utility. The research's aim is to investigate how have been the competent agents using each one of the institutes vis-à-vis the others' functioning and which reasons they give to do it. In doing so, the research will pick up where my previous work, developed within Sociedade Brasileira de Direito Público, left off, since it investigated only the relations between Súmula Vinculante and Repercussão Geral.