Procedural autonomy of the Constitutional Claim

Abstract

The procedural claim is an institute of the civil process by which the courts of justice can assert the authority of their decisions. This institute emerged from repeated jurisprudential decisions and ended up being inserted in the legislation and in the courts’ administrative regulations. The Constitution of the Republic and its amendments promoted a retracing of its general lines, the usefulness and the legal nature of the procedural claim, now as claim with constitutional nature. The courts gain autonomy to enforce the binding jurisprudence and to self-affirm the nomophylactic function of the Brazilian Courts. The method used here was historical-comparative bibliographical research on the constitutional and procedural moments of evolution of the theme in doctrine and jurisprudence. Thus, this article promotes the re-reading of the procedural claim in the light of constitutional and legal innovations, by which the theme was reorganized after the Code of Civil Procedure of 2015.