Can you explain why that is true? If a superior judges keep striking the order down, doesn't a precedent get set that prevents a lower court judge from issuing a similar ruling again?
Brazil do not follow (broadly) the stare decisis system in witch low instance judges must follow precedent upper decision.
In special repetitive cases, the Supreme Court can edit some enunciates called "súmulas vinculantes" that bind every branch of power (except legislative) to follow their statement but that's a exceptional measure.
As of today, there's only 55 "súmulas vinculantes".