INCONSTITUCIONALIDADE SUPREMA? UMA ANÁLISE ACERCA DA (IN)CONSTITUCIONALIDADE DA DECISÃO MONOCRÁTICA PROFERIDA NA ADPF 701/MG E POSSÍVEIS REFLEXOS EM UM CENÁRIO DE PANDEMIA

Abstract

Although the Brazilian Supreme Court - STF has the role of guardian of the Constitution, monocratic decisions are occurring more and more, which are sometimes reformed by the Plenary, and which, possibly, would be riddled with unconstitutionality, since replaced by another one, understanding considered more appropriate to the constitutional legal system. Furthermore, although the STF Plenary is not linked to its own precedents, as they have the role of reviewing them, the same conclusion cannot be drawn regarding the indispensability of the Court's ministers to observe the precedents when making monocratic decisions. In this sense, this article seeks to analyze aspects of the monocratic decision handed down in ADPF 701/MG, regarding the possible existence of unconstitutionality and consequent co-responsibility in light of the thesis established in concentrated control of constitutionality of MP nº 966/2020 and the need for compliance with binding precedents of the STF.