A Súmula Vinculante e Súmula Impeditiva de Recurso

aplicabilidade, extensão e controvérsias no sistema constitucional - processual penal brasileiro

Abstract

Processual economy, quickness of judgment and reduction of mere postponing resources are sufficient reasons to justify at least, the discussion on the called binding abridgements and impeditive abridgements of resources. The Constitutional Amendment n.º 45/2004 followed by the Laws n.º 11.276/2006 and 11.417/2006 have modified all national legal context on the subject. What before were just eager and hypothetical  debates today they became a reality of which it is impossible to get away. What is fundamental in relation to the two themes, besides discussing about their necessity or not in the current moment, is limit their content in a way of at least minimizing the several doubts the theme will bring. For Binding Abridgement, there are still many uncertainties, as though they already existed in our legal system, yet there is no application
in areas such as the Criminal Law and Criminal Procedural Law, for example. In the theme Impeditive Abridgement of Resource we don’t know precisely which will be its effects in the civil context, and if the criminal judicial bodies will try to apply, because up to the present moment, the superior courts have said nothing or almost nothing about it. As both themes are so unpredictable, we can paraphrase the Roman Emperor Júlio César who crossing Rubicão River chasing general Cnaeus Pompeius Magnus (Pompeu) when the armed conflict was inevitable, said Alea jacta est (the luck is launched).