Controle difuso de constitucionalide à luz do Novo Código de Processo Civil

Abstract

The present article will focus mainly on the diffuse review of constitutionality, its historical origin, general characteristics within the courts and the Federal Supreme Court, as well as the effectiveness of the decision given in diffuse control. In order to re-establish the discussion about the theory of transcendence of determinant motives, the study will present the innovations brought by the New Code of Civil Procedure / 2015, reporting how these can influence the debate of the theory presented within the diffuse review of constitutionality. In the course of the paper, it will also present the theory of judicial precedents, their concepts, fundamental notions, legal effectiveness, as well as the duty of the courts in relation to this new institute of the Code of Civil Procedure 2015, which may influence the approximation of diffuse review of constitutionality with the concentrated review, bringing solid arguments that corroborate with the thesis of a process of abstractivization of the incidental control.