The Expansive Effect of Federal Supreme Court Decisions and Their Binding Nature in the Filing of Constitutional Complaints

Abstract

In the current legal framework, although the mechanism of a Federal Senate resolution provided for in Article 52, item X, of the Federal Constitution grants erga omnes effect to decisions of the Federal Supreme Court in diffuse constitutional review, this does not imply that the expansive effect of such decisions always depends on action by the Federal Senate. Consequently, the fact that other decisions of the Federal Supreme Court may produce ultra partes effects does not necessarily entail the possibility of enforcing them through constitutional complaints, as this would shift the Court’s role from that of a reviewing court to that of a constitutional court.