Setting rules of practice and procedure and the direct unconstitutionality suit 4414/AL
The paper herein attempts to examine the ruling handed down by the Supreme Court in a Direct Constitutionality Suit, which was filed under no. 4414/AL and in which the highest court in the land looked into the constitutionality of a state law establishing panel ruling in state trial courts, in addi...
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| Format: | Article |
| Language: | English |
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Universidade do Estado do Rio de Janeiro
2015-06-01
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| Series: | Revista Eletrônica de Direito Processual |
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| Online Access: | http://www.e-publicacoes.uerj.br/index.php/redp/article/view/16876/12522 |
| Summary: | The paper herein attempts to examine the ruling handed down by the
Supreme Court in a Direct Constitutionality Suit, which was filed under no. 4414/AL and in which the highest court in the land looked into the constitutionality of a state law establishing panel ruling in state trial courts, in addition to other matters relating to the proceedings carried out before that new court. To that end and in view of the constitutional rules regarding allocation of jurisdiction, the Supreme Court, in theory, had to define the concept of practice and procedure and, after comparison with state law, determine if it fit the former or latter description, which would thus determine its compliance or non-compliance with the Federal Constitution. Based on this case, the paper aims to critically investigate the ruling made by the Highest Court of Justice in Brazil, comparing the assumptions validated at the trial with the dogmatic concepts espoused by renowned legal procedure experts |
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| ISSN: | 1982-7636 1982-7636 |