Análise da repercussão geral no recurso extraordinário

Abstract

New constitutional requirement, general repercussion of the essential subject knowledge of the extraordinary appeal. Today, there is a tendency to demand, for the knowledge of exceptional resources, the demonstration that the subject in them the parties involved in the proceedings. It should be Therefore, the transcendence of the theme as a presumption of admissibility of the resource. With effect, was enacted Amendment to the Constitution nº 45, that included to the art. 102, paragraph 3, whereby it was necessary to demonstrate the repercussion of the topic discussed in the extreme appeal, to be appreciated when in his admissibility. It is intended to adduce the benefit of the new standard to the legal system, analyze its space in the general theory of resources, compare the current institute with its forerunner the argüição of relevance, instituted in the dictatorial regime. In principle, considerations are made about the general theory of appeals of procedural law to place the new norm within procedural science. It is also worth mentioning the importance of the new institute for the legal order, since the Federal Supreme Court of Justice of its essential function as protector of constitutional rules.