DISTINGUISHING AND ANALYTICAL CONFRONTATION IN THE SPECIAL APPEAL BASED IN DIVERGENCE OF PRECEDENTS

• Main Author: Rodrigo Pereira Moreira
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2021-04-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: judicial precedents; superior court of justice; new code of civil procedure; federal constitution
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/54174/36336

This paper has as its theme the analysis of the distinguishing and analytical confrontation in the appropriateness hypothesis of the special appeal by divergence between precedents of courts. The general objective is the study of the techniques of distinguishing and analytical confrontation that justify the appropriateness of the special appeal in case of divergent decisions between courts of law in Brazil (Article 105, III, "c" of the 1988 Federal Constitution). In order to achieve the general objective proposed it is necessary to observe three specific objectives: (i) to analyze the current functions of the higher courts; (ii) to study the techniques of distinguishing and analytical confrontation as methods of comparing cases in the special appeal; (iii) to verify, in the jurisprudence of the Superior Court of Justice, the Court's understanding regarding the application of these techniques between 2016 and 2018 (period of validity of the new Code of Civil Procedure). The method used will be topicsystematic. The first part will cover systematically setting up special appeal. The second part will focus on the analysis of cases of the STJ in relation to the hypothesis of divergence of precedents.