RECONFIGURATION OF THE SPECIAL APPEAL: A NECESSARY AND INADIABLE CHANGE

• Main Author: Fabio Resende Leal
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2021-09-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: superior court of justice; special appeal; admissibility; relevance of federal question; objectification
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/57687/39092

This article analyzes statistical data of the Superior Court of Justice and the content of article 105, subsection III, of the Constitution. The first objective is to prove the correctness of the statement that the STJ suffers from incurable evils, resulting from a gigantic procedural collection. The second objective is to demonstrate that the current rules for the admissibility of the special appeal contribute to the growth of this collection. Finally, the third and main objective is to propose, as a conclusion, textual changes to be made in the Constitution, to optimize and objectify the jurisdiction that the STJ practices when knowing and judging special appeals.