Litígio estratégico, vinculação de precedentes e abertura ao diálogo constitucional na construção do provimento jurisdictional

Abstract

The survey's purpose is the examination of strategic litigation in the light of judicial precedent binding, without leaving a desirable constitutional dialogue with the institutions and social sectors. Therefore, it begins with an approach of the redirection technical policies claims to the Judiciary. Then, the study covers the development of this practice in Brazil and its connection with the stare decisis, based on a Dworkin constructive interpretation. The need to expand the vision of romance chain to cover the other authors of the constitutional novel is verified, the study is finished with the proposal of some measures to be undertaken in the judicial opinion bilding, and which can assist in the dialogue opening.