O requisito da repercussão geral no recurso extraordinário

Abstract

Since few decades ago, both the jurisprudence and the laws have been creating mechanisms to try to contain the procedural burden faced by the superior courts. The discussion of the problem, as part of reform of the Judiciary, began to modify even the Political Charter. One, among the recent modifications in this way, is the point of reflection of this research. The Constitutional Amendment no. 45, from December 08, 2004, added to the art. 102 of the Magna Charta one § 3º, providing new requirement for the admission of the Extraordinary Appeal (of jurisdiction of the Federal Supreme Court). In the terms of the norm, the applicant needs to demonstrate that the constitutional controversies discussed in your specific case have "general repercussion". It is said that the issues of the particular case do not restrict itself to the interest of the parties and should affect social, political, legal or economically diverse similar contexts. The Code of Civil Procedure was responsible to rule the details of this new requirement. In this work, the Federal Law no. 11.418/06 incorporated to it two new devices, articles 543-A and 543-B (CCP), which finalized the duty of giving plain efficacy to the disposal of the Constitution in the cited art. 102, § 3º. This real filter to Maximum Court is in its first moments of applicability, in consequence, signing practical contours. Nevertheless, there are already decisions of the Supreme Court about some hypothesis of manifestations of the requirement. In addition to these limits that are now set, the doctrines begin to click, as they discover aspects of the institute that will be reflected in the forensic routine. So, this effort will have bibliographic consistent basis, despite the novelty of the subject. The conduct of this monograph is given from the method of bibliographic examination, but it will represent, also, not just a compendium, but before, a critical review. Thus, the born of the requirement, the reality of the Supreme Court after its institution and the legal values that sustain or deny its existence will be matters of investigation. With this, the objective is to research the legal nature of the requirement, its scope, according to the Code of Civil Procedure and impediment to the broad defense and the appealability that, eventually, it represents. In a deeper analysis: the clearance of part of the national jurisdictional system, preventing thousands of cases from reaching the FSC; control of the requirement by the Court; the modulation of the effects of the constitutional control in the extraordinary appeals; the abstracting of cases brought to the Supreme; the similarity of the requirement with national and international institutes, previous and contemporaries, and, finally, the prospect of extending this "general repercussion" to other types of cases and courts. So that the title seems equally important, both in the theoretical and practical surfaces, because it implies significant change in norms, before consolidated, on defense and internal procedures in Courts. Thus, the work of juridically explore the highest kind of appeal of the national procedure system is bold, however – it is hoped – rewarding.