THE THEMATIC PERTINENCE IN THE ABSTRACT CONTROL OF CONSTITUTIONALITY AS A LIMITING REQUIREMENT FOR EFFECTIVE ACCESS TO JUSTICE/A PERTINENCIA TEMATICA NO CONTROLE ABSTRATO DE CONSTITUCIONALIDADE COMO REQUISITO LIMITADOR A EFETIVACAO DO ACESSO A JUSTICA

The intended objective corresponds in the discussion regarding the possibility of the thematic pertinence, as Supreme Court's defensive jurisprudence, cause a jurisprudential requirement limiting the implementation of the principle of access to justice. As it is attribution of the Democratic State to enforce fundamental rights and guarantees, it is understood that the thematic pertinence consists of unconstitutional jurisprudence that violates the constitutional principle of the access to justice, provided for in article 5, XXXV, of the 1988 Federal Constitution. The deductive hypothetical method is used, based on studies of the jurisprudence of the Supreme Court, in the 1988 Federal Constitution, in the infra-constitutional legislation and in the doctrine.