A relevância da questão federal no âmbito do Superior Tribunal de Justiça

Abstract

This study has the general objective of analyzing some impacts that the requirement of relevance of the federal issue on the admissibility of special judicial appeal (named recurso especial) tends to generate on the Court that make the final interpretation of the federal rules, named Superior Tribunal de Justiça - STJ. To do this, the aim is to initially understand the main function of the STJ and the existing requirements, checking whether they are efficient in the prior admissibility judgment carried out by the States Courts of Appeal and Federal Courts of Appeal from of the number of appeals that come STJ. Next, we will seek to delineate an overview of the new selection criteria, considering that its regulation depends on the regulatory law to be instituted, compare with General Repercussion and Transcendence. Finally, we seek to evaluate the consequences that the new procedure tool may have and its possible incompatibility with the principle of access to justice. To carry out this research, a qualitative study was used, of a bibliographic, pure and documentary nature, with descriptive analysis. As a result, it was understood that the relevance filter of the federal issue was in compliance.