The binding summary as a volunteer institute

Abstract

The binding summary has dual aspects as to its usefulness: it contributes to procedural speed and legal certainty, however, it is shown as a form of imposing interpretation issued by the Federal Supreme Court. The legal voluntarism found in the current scenario allows the agency to analyze and decide on any issues without an adequate formula. Originally, that Court may have its decision obligatory to the Courts and all spheres of direct and indirect administration through the Binding Precedent with effectiveness that prevails the established rule, exceeding the legislating powers to whom the Federal Constitution typically attributes this function. Thus, using a theoretical-legal methodology with deductive reasoning, through doctrinal and jurisprudential analysis, important factors will be observed that place the binding summary in a priority character of the constitutional process and the critical correspondence regarding the unlimited and unrestricted can be inferred to the Federal Supreme Court, which could lead to democratic erosion.