The constitutional normative structure of the binding statements of the federal supreme court

Abstract

The Binding Precedent statements of the Federal Supreme Court are type of constitutional norms. The Brazilian State is accepting the general and abstract law developed not by the Legislature, but by a court as a measure to improve the Constitutional Law. The creation of norms by the Judiciary Power is a historical and current feature in comparative law. The function of the Binding Precedent as a source of constitutional law is compatible with the Brazilian legal order. It reinforces the right to equality, the guarantees of legal certainty, the process reasonable length, the economical access to justice and the protection of the 1988 Federal Constitution by the Federal Supreme Court. The right created by a court comes from the logical necessity of apply norms type principles. The statements of the Binding Precedent of the Federal Supreme Court, as any constitutional norm, serve as a parameter of constitutionality control.