Legal certainty and exceptional social interest as corollaries for the application of the modulation of the effects of the decisions of the Supreme Federal Court Tatiana Brito dos Santos, Ligia Maria Comis Dutra

Abstract

The purpose of this study was to analyze the principle of legal certainty, a core element of the Democratic Rule of Law. The aim was to report the relationship between the principle of legal certainty and constitutionalism, to explain its vulnerabilities and the importance of its implementation, as well as to warn about circumstances that negatively affect legal certainty in all branches of government. A literature review was carried out, which is a specific type of scientific production based on books, articles, theses, dissertations, legislation and other available materials, making it possible to appropriate the legal doctrine related to the subject. It was concluded that the issue of legal certainty should be analyzed individually and specifically, depending on the specific case, since there are certain situations in which, although it may represent an exception, it can be evaluated, considering the values ​​involved, submitted to the judgment of the Federal Supreme Court (STF). Legal certainty represents a guiding principle of the entire Rule of Law, especially if it is social and democratic in nature, with the State playing the role of guarantor of fundamental rights and guarantees.