A (in) eficácia da súmula vinculante n.º 11 frente a atuação ativista do Supremo Tribunal Federal na garantia de direitos fundamentais

Abstract

The binding precedents were implemented in Brazil through EC nº 45/04 and since then several debates have been raised about their constitutionality. Discussions on the subject gained more notoriety after the publication of binding summary no. 11, known as the summary of handcuffs, which came to regulate the use of handcuffs by police authorities. It is important to note that the debate on the subject is not recent, considering that since the colonial period in Brazil, there has been a discussion about the stigma that handcuffs impose on the individual, as it is considered a social sentence. However, there is a timid legal evolution on the subject over the last two and a half centuries, as well as the lack of effectiveness of the little legislation we have on the subject. Thus, the object of this research is to discuss the (in)effectiveness of binding summary No. 11 against the activist action of the Supreme Court that created the provision to guarantee fundamental rights, based on the analysis of decisions on the matter in the context of constitutional claim. The problem is translated as follows: has binding precedent No. 11 achieved the desired effectiveness, given the activist action of the Supreme Court? The hypothesis defended is that the aforementioned binding statement came on the occasion of the repercussion in the media of the image of politicians, bankers, judges, among others, handcuffed, but that the protection given by summary n.º 11 does not achieve that they do not have media exposure. Finally, regarding the methodology, a quantitative and qualitative, descriptive, documentary and bibliographic research will be carried out.