The court’s normative power

the rules prescribed by courts as source of Procedure Law

Abstract

The developed research aimed to investigate the sources of Procedure Law, in particular the extent of the normative power that Constitution gave to the courts. The study was divided into four stages. First, were analyzed doctrine and court precedents on the subject, at which time it was confirmed the hypothesis about shortage of academic research and practical reflection on the normative activity of the courts. Secondly, there was a deepening on the United States law, the research phase in which were found similarities and differences between that model and brazilian´s, deserving highlight the broad normative activity, by express delegation of the parliament, of the Supreme Court. In a third step, we sought to develop a classification of possible procedural legal rules that could be edited by internal rules of the courts, as well as its limits before statutes and Federal Constitution. Finally, were identified numerous regulatory spaces that can be occupied by internal regulations in order to provide greater legal certainty for claimants, especially for providing cognoscibility increment of law.