A CONSTITUIÇÃO FEDERAL COMO PARÂMETRO DE CONTROLE CONCENTRADO POR TRIBUNAIS DE JUSTIÇA: UMA ANÁLISE A PARTIR DO TEMA N. 484 DA REPERCUSSÃO GERAL DO SUPREMO TRIBUNAL FEDERAL

Abstract

This paper aims to investigate, through the analysis of Topic No. 484 of the Brazilian Federal Supreme Court's General Repercussion, the possibility of using the Federal Constitution as a direct parameter in judicial review by Local Courts. First, a general overview of Topic No. 484 and the Supreme Court's precedents on the subject is outlined. Next, a contextual study of the Constitutional Complaint No. 383/SP is conducted, which serves as a prior paradigm to Topic No. 484. Subsequently, the article focuses on the judgment of the aforementioned Topic of General Repercussion, analyzing the ruling, the cited precedents, and the established thesis. Then, it examines how Topic No. 484 is being applied as a precedent in the judgment of Direct Actions for the Declaration of Unconstitutionality No. 5.646/SE and No. 5.647/AP. It concludes that Topic No. 484, which initially seemed to reaffirm Constitutional Complaint No. 383/SP, is actually leading to the overcoming of this precedent – due to the ambiguous wording of the thesis and the incorrect use of precedents – and making it possible for Local Courts to judge claims of unconstitutionality using the Federal Constitution as a parameter, when it concerns a norm of mandatory reproduction.