Lunch seminar with Túlio Medeiros Jales – University of Copenhagen

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Lunch seminar with Túlio Medeiros Jales

A normative theory for overruling precedents in Brazilian Federal Supreme Tribunal

Abstract:

The design of this research aims to coherently answer three intertwined questions: (i) In what theoretical premises is the horizontal binding of constitutional court decisions grounded?; (ii) Does the authority of constitutional court decisions demands an specific dynamics for overruling previous decisions?; (iii) What normative principles should guide the Brazilian Federal Supreme Tribunal when overruling its own previous decisions?. It will do so by advancing a number of claims, some conceptual, some normative. The conceptual claims intend to provide a general account for the horizontal authority of constitutional courts decisions. . The normative claims project aims to devise theoretical premises and normative principles for overruling precedents in the Brazilian Federal Supreme Tribunal (Supremo Tribunal Federal - STF). Ultimately, this project aims to provide argumentative transparency, rationality and evaluative patterns to analyze a dramatic moment within the STF and other constitutional courts: the moment they decide to change their theses about previously decided-upon matters.

All interested are welcome to attend. Registration is not necessary.